A Case Entangled in Divorce and Data Access
The underlying litigation paints a messy picture. Fritz & Bianculli has accused McCabe of improperly accessing its client records while at Holland & Knight, allegedly to dig up evidence of Fischer’s relationship with firm co-founder Brian Fritz during their divorce.
The suit also claims McCabe violated the Stored Communications Act by rifling through Fischer’s emails. Alongside McCabe, Holland & Knight and former firm attorneys Jean Donohue and Eric Berg are named as defendants.
Initially filed in Pennsylvania state court with five claims, the case was moved to federal court, where some allegations were trimmed earlier this year.
Counterclaims, Sanctions, and Mediation
McCabe responded with his own counterclaims—defamation, malicious prosecution, and abuse of process. But on the same day he sent the incendiary text, Judge Younge dismissed his defamation claim, ruling that statements made in litigation cannot serve as the basis for defamation. Two of McCabe’s counterclaims survived.
Now, with the bribery allegation hanging in the air, the lawsuit has been sent to mediation. U.S. District Judge Paul Diamond has scheduled a session for Sept. 25.
George Bochetto, attorney for Fritz & Bianculli, called McCabe’s accusation “deeply troubling … not just for the parties and judge in this case, but for the bar and judiciary more broadly.”
