Bill Cosby Sues Accuser for Breach of Contract

In recent Orlando breach of contract attorney news, Bill Cosby has sued one of his accusers for breach of contract.  Cosby has been all over the news lately, as a string of women going back decades have accused him of slipping them drugs and then sexually assaulting them.  One of these accusers, Andrea Constand, sued Cosby in 2005 over an alleged attack on her, and obtained a settlement with Cosby that contained a confidentiality agreement.  Most of these agreements drafted by Orlando breach of contract attorneys typically prohibit the parties from discussing or disclosing the agreement or any information learned in the lawsuit.

Cosby’s lawyer filed his breach of contract lawsuit in February 2016 naming Constand, her attorney, her mother, and the National Enquirer as defendants.  You can see the Cosby breach of contract lawsuit here.  Cosby’s breach of contract lawsuit alleges that the National Enquirer published numerous articles about the prior civil lawsuit, and that Constand and her crew voluntarily gave interviews to the criminal investigators for Montgomery County, Pennsylvania, “when they had no legal duty to do so” as the Cosby lawsuit alleges.  Constand’s lawyer also provided files to the investigators, and the court reporter involved somehow released the entire deposition transcript in which Cosby admitted giving Constand drugs and them molesting her.  After obtaining this information, the Montgomery County prosecuing attorney filed criminal charges against Cosby and arrested him in December, just before the 12 year statute of limitations ran out.

Orlando Breach of Contract Attorney Analysis

Cosby’s fortunes in his breach of contract lawsuit will likely be a mixed bag.  Constand and her mother live in Canada, so they were under no duty to provide any information to the investigators or lawyers.  Constand’s lawyer apparently gave up her files voluntarily, without the need for a subpoena.  In any confidentiality agreement drafted by a breach of contract lawyer in Orlando, such actions would constitute a breach of contract, entitling the other party to monetary damages.  Whether or not the entire consideration paid would have to be re-paid as compensation under the contract is unlikely, depending on how the agreement was drafted of course, but Cosby’s lawyers have included a claim for unjust enrichment that would allow the court to exercise its equitable powers and have the defendants pay restitution, consisting of the amounts Cosby paid them to be quiet.  Of course, the cat is already out of the bag so to speak, so the breach of contract lawsuit will have zero effect on his pending criminal prosecution, and if he’s in prison, he certainly won’t enjoy any of the money his lawyer may recover in his breach of contract lawsuit.

Consult with a Skilled Breach of Contract Lawyer in Orlando, FL: The Spence Law Firm, PA

Do you have a breach of contract question for a lawyer in Orlando?  Contact the Spence Law Firm today for a FREE consultation 407-910-2260.

 

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