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Client fired after OC subpoenas his employer during automatic discovery stay

Maine State Trial Court. After filing a special motion to shitlaw4hire03/10/18
Malicious prosecution, abuse of process—tough climbs but o khazaddum03/10/18
I can't see dismissal with prejudice, that's probably revers therewillbeblood03/11/18
shitlaw4hire (Mar 10, 2018 - 4:19 pm)

Maine State Trial Court.

After filing a special motion to dismiss, which is supposed to automatically stay discovery, OC served a subpoena duces tecum to client’s employer, total fishing expedition. Client’s employer produced requested documents and terminated him immediately afterwards. No other details are known at this time. Client is furious and wants to sue the heck out of OC in separate action.

Discovery sanctions are rare here, and after some research I am coming up short.

Question: are OC’s discovery actions immune from separate claims? is OC’s client liable for damages caused by OC? if Client sues OC directly, is OC likely to drop her client due to diverging interests?


Maine Anti-SLAPP Statute partially states, “All discovery proceedings are stayed upon the filing of the special motion under this section, except that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery remains in effect until notice of entry of the order ruling on the special motion.”

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khazaddum (Mar 10, 2018 - 9:40 pm)

Malicious prosecution, abuse of process—tough climbs but on these facts the OC violated state law by sending the requests, or if this is a court rule you should seek a sanction of dismissal with prejudice plus your costs. You could open a bar complaint against this clowm but a shot across the bow like that opens you to retaliation.

Some states have safe harbor provisions that forbid termination in retaliation for the employee being subject to a legal process but this is murky. If for example the documents requested were to prove up fraud and client handles money? Employer can likely terminate.

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therewillbeblood (Mar 11, 2018 - 11:45 am)

I can't see dismissal with prejudice, that's probably reversible error. I know in the jurisdictions in which I've practiced absent some state statutory provision the only real remedy is to seek sanctions through the court.

Safe harbor provisions, if you have them, are far more likely to succeed. I find it unconvincing that he would be fired simply because of improper discovery requests, though.

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