Also known as: mala animus · bad faith · evil intent
Written by attorneys · grounded in primary & secondary sources — see below
Bad intention. The culpable mental state accompanying an act that renders conduct wrongful or prevents a party from invoking certain procedural or substantive protections.
Musa Mensah filed a state-court suit against Midwest Airlines in State A more than a year earlier. When an expert report later quantified damages above the diversity threshold, Midwest Airlines filed a notice of removal. The district court denied removal because the one-year bar applied and found no evidence that Musa Mensah had concealed the amount in controversy to block removal.
Miguel Mendoza offered an email summary of a lost contract after a server crash destroyed the original file. The court admitted the summary because the loss resulted from routine data management and not from any action by Miguel Mendoza to suppress the document.
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Maya Malik threatened to sue Marcus Mitchell for breach of warranty on a vehicle sold years earlier even though inspection records showed no defects. Marcus Mitchell signed a new contract under the threat. The court later rescinded the contract because the threat of civil process had been made in bad faith.
Malcolm McKinley, trustee of a family trust, diverted assets for personal use. The trust instrument contained an exculpatory clause. The court held the clause unenforceable because the breach occurred in bad faith and with reckless indifference to the beneficiaries.
Meredith Maxwell listed property with Morgan Financial. The broker produced a buyer who signed a firm contract at the listed price. Meredith Maxwell later refused to close, claiming the buyer was financially unable. The court awarded the commission because the refusal was in bad faith after the broker had performed.
Matrix Technologies and Marathon Logistics formed a limited partnership. The agreement purported to relieve partners from liability for any breach. When one partner diverted funds in bad faith, the court held the exculpatory provision invalid under the statute.
Yes. The term denotes a culpable mental state that accompanies the act. Courts examine whether the party acted with intent to gain an unfair advantage or to evade a legal obligation.
No. The statute permits removal after one year only when the plaintiff acted in bad faith to prevent removal. Mere delay in discovery without evidence of concealment does not satisfy the exception.
Secondary evidence is admissible when the original is lost or destroyed without bad faith by the proponent. Routine data practices that cause loss do not constitute bad faith.
No. A threat of civil process is improper only when made in bad faith. A colorable claim supported by the record may be pursued aggressively without triggering the duress doctrine.
No. An exculpatory clause is unenforceable to the extent it relieves liability for breach committed in bad faith or with reckless indifference to the beneficiaries.
A seller may not refuse to close in bad faith and then deny the broker a commission after the broker has produced a buyer ready, willing, and able on the seller's terms.
…In order to escape the rule articulated in the cases cited in the next paragraph of this opinion that, absent harassment and bad faith, a defendant in a pending state criminal case cannot affirmatively challenge in federal court the statutes under which the State is prosecuting him, Dr. Hallford seeks to distinguish his…