Court: DeLuise can sue lawyer over lawsuit

Notwithstanding various impediments which ordinarily restrain civil defendants from filing countersuits — and particularly from naming their adversaries’ lawyers in those countersuits — a “Superior Court judge rejected a motion [last] Friday to throw out comedian Dom DeLuise’s lawsuit claiming his former daughter-in-law caused him emotional and financial distress when she sued him for $2 […]

Notwithstanding various impediments which ordinarily restrain civil defendants from filing countersuits — and particularly from naming their adversaries’ lawyers in those countersuits — a “Superior Court judge rejected a motion [last] Friday to throw out comedian Dom DeLuise’s lawsuit claiming his former daughter-in-law caused him emotional and financial distress when she sued him for $2 million.” Among defendants named in the lawsuit was attorney Steven Zelig and his law firm, which had represented Brigitte deLuise in her allegedly wrongful suit. Zelig argued that the state’s “SLAPP suit” statute should bar the comedian’s counteraction, but “Judge Judith C. Chirlin disagreed. ‘I find that there were sufficient grounds for the lawsuit to have been filed,’ she said. “There is a likelihood of it prevailing on the merits.'” The AP coverage doesn’t specify what the alleged problems were with the original suit, however (merely unfounded in law and fact? scandalous as well?) so it’s hard to know what implications there might be for the rights of defendants in other cases. (“L.A. Judge Lets DeLuise Lawsuit Proceed”, AP/CBSNews.com, Sept. 23). More: George Wallace, Decs and Excs, Sept. 29.

2 Comments

  • Your report piqued my interest, so I dug around in the public record to see what’s what in this case. Nothing much new, really:

    Dom DeLuise is suing his former daughter-in-law and her attorney for malicious prosecution, following the dismissal of an allegedly bogus action that the daughter-in-law filed against Dom DeL. during the divorce proceedings.

    I have written up the details, including a link to a copy of Dom DeLuise’s complaint in the malicious prosecution case, here.

  • Zelig!? That guy is everywhere!