Firm Successful In Striking Defamation and Malicious Prosection Claim For Attorney Clients

Firm Successful In Striking Defamation and Malicious Prosection Claim For Attorney Clients

Partners Robert Klein and Mark Sullivan were successful in striking a defamation and malicious prosecution claim, brought against attorney defendants who had secured a large judgment against the plaintiff’s law firm, for unjustly depriving those defendants of the benefit of their co-counsel agreement with the plaintiff’s firm and others. The stricken claim for malicious prosecution was predicated on the argument that the underlying court’s judgment was entered against the plaintiff’s firm but not the plaintiff in her individual capacity, and that the claims against the individual attorney were therefore brought without probable cause. The stricken defamation claim argued in turn that statements regarding the outcome of the case that were attributed to the defendants in a local publication were therefore false in regard to the plaintiff as an individual. Messrs. Klein and Sullivan argued in a motion to strike and subsequent evidentiary hearing that the plaintiff’s argument was factually false, in light of the extraordinarily negative factual findings the underlying trial court directed to the plaintiff herself, and legally frivolous. The argument was accepted by the court in January of 2014, and reduced to written order in February.