Case Summary

In late 2015, John David Du Wors filed two related frivolous lawsuits targeting a former client and his spouse who had previously sued him for professional negligence:

CaseCourtDate FiledDefendant
15-2-27159-9King County Superior CourtNovember 12, 2015Phillips
15-2-02482-7Kitsap County Superior CourtDecember 15, 2015Schweickert

Both lawsuits sought damages for allegedly defamatory statements and were part of a coordinated retaliatory litigation strategy.

Background

In April 2014, Phillips had filed a professional negligence lawsuit against Du Wors alleging malpractice in connection with HPV Corporation matters. Rather than defending the malpractice claim on its merits, Du Wors responded by filing retaliatory suits against both Phillips and his spouse Jennifer Schweickert.

Claims

Du Wors alleged:

  1. Defamation
  2. Tortious interference with business relationships
  3. Intentional infliction of emotional distress

Defense Response

The defendant filed a motion to dismiss, arguing:

  1. Du Wors' lawsuit was a SLAPP suit (Strategic Lawsuit Against Public Participation)
  2. The statements at issue were truthful and constituted protected speech
  3. Filing a bar complaint is protected activity under the First Amendment
  4. Du Wors failed to state claims upon which relief could be granted

CR 11 Sanctions Warning

On December 28, 2015, defense counsel Reed Yurchak sent Du Wors a CR 11 sanctions letter warning that his lawsuit against Schweickert appeared frivolous and demanding withdrawal:

I am writing to inform you that I have had a chance to review your Kitsap County complaint ("the Complaint") filed on December 15, 2015 against my client, Jennifer Schweickert. Upon review of your complaint, I find that it is frivolous, in violation of Civil Rule (CR) 11, and contains a number of false and misleading statements.

Accordingly, I have prepared a motion to dismiss under CR 12(b)(6), a copy of which you will find accompanying this letter that details the complete lack of any basis at law for your causes of action.

CR 11 allows courts to sanction attorneys who file pleadings that are not well-grounded in fact or law.

Outcome

The court granted the motion to dismiss. Du Wors' frivolous lawsuit was dismissed, validating the defendant's right to:

  • File bar complaints
  • Make truthful statements about Du Wors' conduct
  • Participate in civil litigation against Du Wors

Pattern of Behavior

This lawsuit exemplifies Du Wors' pattern of using litigation as a weapon against those who complain about or criticize him, including:

  • Filing suit against Houston Wade for posting about his conduct
  • Seeking protection orders against critics
  • Threatening DMCA takedowns against websites documenting his history

Source Documents

  • Summons and Complaint (November 12, 2015)
  • Motion to Dismiss
  • Exhibits A-G
  • CR 11 Sanctions Warning Letter
  • Court Filings and Docket Notes