Rocky Top Talk, a Tennessee Volunteers community

So alleges Robert Wendell Smith, plaintiff in the lawsuit against the NCAA for which Phillip Fulmer was served a deposition subpoena yesterday at SEC Media Days. Reading through the Complaint (pdf)...

To establish a claim of abuse of process, [the plaintiff] must prove: “(1) the existence of an ulterior purpose; 2) a wrongful use of process, and 3) malice.” (citation omitted). "[T]he...