Also known as: misuses · misused · misusing · misuser · misusers
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A defense alleging that the plaintiff used the product in an improper, unintended, or unforeseeable manner.
A defense alleging that the plaintiff used the product in an improper, unintended, or unforeseeable manner.
Select any source to read its text and confirm it supports the definition.
The use of a patent to improperly extend the granted monopoly to nonpatented goods or to violate antitrust laws.
Select any source to read its text and confirm it supports the definition.
The use of a patent to improperly extend the granted monopoly to nonpatented goods or to violate antitrust laws.
Each sense below has its own examples, sources, and questions.
Marcus Mitchell supervised an SEC enforcement action while at the agency. After leaving government service he joins a firm that represents a defendant in the same matter. The court weighs the risk that Marcus might misuse confidential governmental information against the client's need for counsel and the public interest in lawyer mobility. With screening measures in place and government consent, the firm avoids disqualification.
Madison Meyers deposits client settlement proceeds into her trust account. She withdraws funds to cover personal expenses without client authorization. The disciplinary board finds knowing misappropriation regardless of her claim that she intended to repay the money. Disbarment follows because the misuse erodes public confidence in the profession.
Melissa Mills gives a reporter information after receiving a promise of confidentiality. The newspaper publishes her name anyway, causing her to lose her job. She sues for promissory estoppel. The newspaper attempts to invoke the First Amendment to avoid liability for the broken promise.
Mohan Malhotra receives $100 from each of ten clients to invest. He spends the money on personal matters instead. When clients sue, the broker's limited assets create a risk that early claimants will exhaust the fund. Later claimants face substantial impairment of their ability to recover.
Melanie Morris drives her vehicle with underinflated tires carrying excessive weight. The resulting heat causes tread separation and a blowout. The manufacturer contends that this overdeflection constitutes misuse rather than a defect. The court examines whether the symptoms match misuse or a manufacturing flaw.
Maya Malik, a sheriff, beats a suspect in custody to obtain a confession. The conduct exceeds any lawful authority yet occurs while she wears a badge and acts under color of state law. The victim sues both the officer and the state for violating constitutional rights. The court treats the misuse of official power as state action.
Misuse occurs when the plaintiff uses the product in an improper, unintended, or unforeseeable manner. If that misuse is the sole proximate cause of harm, it bars recovery on warranty or strict liability claims.
Supporting sources
Screening measures, government consent, and a showing that disqualification would unduly harm the public interest in enforcement and lawyer mobility can prevent firm-wide disqualification even if the individual lawyer is disqualified.
Knowing misappropriation—taking client money the lawyer knows belongs to the client without authorization—results in disbarment regardless of intent to repay, absence of client loss, or prior good record.
When an official misuses power made possible by his position, the conduct still constitutes state action and can subject both the officer and the state to liability for constitutional violations.
Patent misuse can arise either from an attempt to extend the monopoly to nonpatented goods or from conduct that violates antitrust laws. Either ground renders the patent unenforceable until the misuse is purged.
Supporting sources
…of contract law, the appellants should be responsible for the consequences of that broken promise. The first amendment is being misused to avoid liability under the doctrine of promissory estoppel. The result of this is to carve out yet another special privilege in favor of the press that is denied other citizens. I…