If you bothered to read the article I gave you, you would have read that it was abuse of process, not defamation, and the circumstances were totally different. Milberg was clearly trying to destroy Lexecon out of spite, by naming it in one lawsuit and then using that suit to name it in numerous other lawsuits. You have no such proof that Milberg intends to destroy SBTK out of spite, or for any other reason.
Lexecon alleged "abuse of process" against Milberg Weiss for adding it to a list of more than 100 defendants in the case Milberg led over the collapse of Charles Keating Jr.'s Lincoln Savings & Loan. Lexecon had provided economic advice supporting Lincoln's fiscal health before the S&L collapsed.
Salpeter, who tried the case alongside partner Mark Hansen of Washington, D.C.'s Kellogg, Huber, Hansen, Todd & Evans, said he had polled jurors after the verdict and could identify several keys to the plaintiffs' case.
One particularly effective piece of evidence was a memo written by Milberg Weiss San Diego partner Leonard Simon in March 1990, laying out a plan to sue Fischel and Lexecon in the Lincoln case. According to Salpeter, the memo supported the theory that the firm set out to destroy Lexecon.
"That adds up to abuse of process," said Salpeter. "You can't sue somebody in case number one for the primary purpose of hurting them in case numbers two, three, four, five and six."
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