Former ex-NFL player and investment firm founder Bob Simms sued his ex-wife’s lawyers in Connecticut state court for failing to disclose a $360,000 inheritance she received during a bitter legal battle over alimony.
The state’s Appellate Court ruled 2-1 that Simms’ suit was barred by the litigation privilege, which shields judges and lawyers from lawsuits in connection with their conduct in court cases. In a dissenting opinion, Judge Thomas Bishop wrote that lawyers should be held accountable for fraudulent acts.
The Connecticut Supreme Court has agreed to take up Simms’ appeal. Bob and Donna Simms were married in 1961 and divorced in 1979. The former couple has been fighting over spousal support since 1989, when she filed motions to increase his alimony payments and Simms sought to reduce or eliminate them altogether.
Source: Wall Street Journal, “Conn. Supreme Court to take up fraud lawsuit,” Associated Press, September 12, 2011