Passon v. Bailey

Like the “fruit of the poison tree” the after effects of an ill-conceived lawsuit continue to reverberate. Though Mr. Passon’s libel action against F. Lee Bailey has finally terminated after some 14 years1, it has spawned further litigation on the issue of counsel fees and expenses, which we now address, confident that when it is finally resolved by the appellate courts some new sprout will branch forth. One is tempted to quote Oliver Cromwell in his remarks to the long Parliament of 1650, “Depart I say, let us have done with you. In the name of God, go.”

Defendant’s motion is based on the…