Attorneys for D. Dean Mauro, of
Waukegan, Ill., had sought review by claiming that an appellate
court's decision to let Flatley's suit proceed threatened to
"undermine the right to petition and open access to the courts."
"In one fell swoop," Orly Degani, a
special counsel in the Los Angeles office of Sedgwick, Detert, Moran
& Arnold, wrote, "the court held lawyers may be subject not only to
civil action, but to criminal liability for extortion if they make
aggressive pre-litigation settlement demands that simply state the
obvious."
Mauro had sued Flatley for $35
million on behalf of ex-stripper Tyna Marie Robertson, who claimed
that Flatley -- acclaimed for the popular "Riverdance" and "Lord of
the Dance" road shows -- raped her at The Venetian in Las Vegas in
October 2002. Flatley denied the allegations, saying the two had
shared his two-bedroom suite consensually.
Mauro spent the next few months
calling Flatley's lawyers and threatening to "go public" with the
rape allegations and "ruin" Flatley. He demanded $1 million for his
and his client's silence, according to court documents, and
threatened to send news releases to Fox News, the Chicago Tribune
and other media outlets after filing suit.
Robertson filed the suit in 2003,
but dropped the case soon after Flatley countersued her and Mauro
for civil extortion and other charges. Mauro then filed an anti-SLAPP
motion, claiming he had been seeking a proper settlement and was,
therefore, engaged in protected activity.
Flatley is represented by Bertram
Fields, a partner at L.A.'s Greenberg Glusker Fields Claman
Machtinger & Kinsella.