Maybe one does not understand the meaning of frivolous as it pertains to the law. Frivolous lawsuits are those filed by a party or attorney who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims.
Unfortunately for Mr. Adelstein and Mr. Schiveletto, in this case Mr. Walther does indeed have a supporting legal argument and a factual basis for his claims. He has painstakingly collected quite a bit of supporting evidence regarding their actions of tortious interference and theft of company possessions. Unfortunately for Joe, without much thought, he sent letters and communicated with distributors and ranchers, all of which were kept and could then be copied and/or tracked as evidence. Not only that, but as the recent counterclaim states, there is a good paper and computer website trail to justify the counterclaim of the theft of Impact Fusion's trade secret process by the illegitimate company, Asorbezz.
Just to state "Nonsense" in reply without justifying one's position without any factual evidence to back up the claim leaves many of us sort of scratching our heads in amazement. Especially in light of the fact that Mr. Adelstein himself stated under oath that he felt he was going to lose at the state level. Further, it would be helpful to us all if anyone could give a good explanation as to why Mr. Adelstein would even make such a statement while under oath with his attorney at his side at the time. That is almost legal malpractice right there unless the attorney was unable to control Mr. Adelstein's mouth....
