Next time you’re feeling particularly litigious, remember Barnum v. Tubifi. Shepard Davidson of Burns & Levinson explains that the defendant in that case learned that “filing a retaliatory counterclaim can result not just in a little wasted time and money, but could lead to court-imposed sanctions.”
The plaintiff in Barnum was suing video marketing company Tubifi, claiming he was misclassified as an independent contractor when he really was an employee, says Davidson. The company then filed retaliatory counterclaims, alleging interference with contractual relations and breach of the implied covenant of good faith and fair dealing. The plaintiff petitioned to have those dismissed under an anti-SLAPP statute.
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