We all know that there are sundry obstacles in civil legal proceedings which make it difficult for the defendant(s) to sue those who are suing him/her/them. But it's possible. And this is something for the Rhode Island (RI) lead paint defendants to consider.
In Overlawyered.com, Manhattan Institute's Walter Olson reports that celebrity Dom DeLuise has pulled off a countersuit.
Long story short: DeLuise's former daughter-in-law filed a lawsuit against him, then dropped it, then refiled it. Declaring that lawsuit wrongful (details aren't available) and the cause of emotional and financial distress for him, DeLuise is suing her, her lawyer Steven Zelig and the lawyer's firm. DeLuise's lawyer is Joseph Singleton.
The media has been paying attention to this one.
For example, CBS NEWS details how California (CA) Superior Court Justice Judith C. Chirlin rejected a motion by the original plaintiff to toss DeLuise's suit. Zelig had argued, according to CBS NEWS, that DeLuise lacked evidence of emotional distress. Moroever, argued Zelig, DeLuise's countersuit violated CA's anti-Strategic Lawsuits Against Public Participation law (SLAPP). That law was enacted to prevent any silencing of "critics" because of the possible threat of the legal costs they could incur. In order to have a decent legal opinion about all this, we would have to get our hands on more details.
But, hey, we can speculate. The litigation momentum regarding lead paint could come to an abrupt halt if the RI3 countersued all the players in the RI lead paint follies, including the state's private law firm Motley Rice. Right now, that momentum seems to be picking up steam.
Recently, for example, Columbus, Ohio rounded up a bunch of attorneys for a possible suit against the usual suspects, ranging from Sherwin-Williams to ARCO. No, as of late September that contract with the lawyers hasn't been signed. But, come on, if a recession starts and cities like Columbus, Ohio and like Burlington, Vermont - its HUD lead paint grant wasn't renewed - start hurting economically, you bet they're going to hustle for bucks. The lead paint hustle has been playing since the late 1990s so the lawyers have the steps down cold.
Reflection: Remember that police-chase scene in "Bonnie & Clyde" when the pursued become the pursuer? The police turned right around.
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