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lennycalabria
03-08-2007, 06:48 PM
The company I work for filed a lawsuit for breech of contract against one of its former clients. My coworker and best friend is a key witness for my company as he was the account executive the had all the interaction with the defendants company and sold my company's services to the defendant. The defendant company has now filed a lawsuit against my friend alleging tortious interference, fraud, misrepresentation and collusion. The plaintiff's motivation is to enlarge the lawsuit and expand the legal fees my company will spend on its orignal complaint. They are also attempting to intimidate my friend who is the key witness for the plaintiff and get him to pressure my company to stop the lawsuit. My friend is devastated about this lawsuit and feels the retaliatory claim is slander and defamatory against his reputation and character. Their is a key principle in the defendants company that is using this lawsuit as a personal vendeta against my friend. My friend now wants to file a defamation of character claim against the defendant's principle. This is the person that directed the lawsuit against him. I think my friend has a defamation case because of the following:

1. A false or defamatory statement was in fact made about my friend by defendant's principle, which resulted in a lawsuit against my friend.

2. The statement was made to a third party, in written form. (Defendant's principle convinced the president of plaintiff's company to file the retalitoary lawsuit by telling the president that my friend did all these things. All of them lies.

3. My friend has suffered damage to his reputation and is going through mental anquish as a result of this retaliatory claim...not to mention the legal fees.

Does anyone have any insight to share as to whether my friend has a cause to file a defamation claim against the person that is directing the retalation against him. Thank you for your help.

Marketeer
03-09-2007, 09:40 AM
Your friend can certainly discuss this with a lawyer, but including the account representative in the cause of action is not outside the realm of possibility in such a lawsuit and not inherently slanderous.

lennycalabria
03-09-2007, 12:06 PM
Isn't it slander if the claims are untrue and made with malicious intent? Thank you for your help

Beth3
03-09-2007, 01:00 PM
The defendant company has now filed a lawsuit against my friend alleging tortious interference, fraud, misrepresentation and collusion. I certainly hope that your friend has engaged the services of an attorney to respond to the suit. Your friend should ask his attorney whether he had a defamation claim to bring.

lennycalabria
03-09-2007, 03:20 PM
What recourse would you advise against this type of claim that was brought around for retaliatory purposes and to expand the litigation costs. It is merely a bullying tactic.

cbg
03-09-2007, 09:16 PM
I would advise taking Beth's advice and discussing it with an attorney.

lennycalabria
03-09-2007, 09:23 PM
Can anyone recommend an attorney in Arizona with a proven track record in slander and libel litigation? Thank you.

rcpilot
03-09-2007, 09:24 PM
Referrals are not solicited nor given on this site.

lennycalabria
03-09-2007, 09:27 PM
Thank you for the heads-up. I was not aware. Does anyone have an advice on the matter other than consult a lawyer.

cbg
03-09-2007, 09:35 PM
Since no Arizona attorneys post here, I doubt it.

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