*Andrea Constand, the former Temple University employee who says she was assaulted by Bill Cosby, is moving to dismiss a breach of contract lawsuit filed against her by the comedian.
According to The Hollywood Reporter, Constand argues that “Cosby can’t sue her because he breached their agreement first.”
In February Cosby sued Andrea Constand, along with her mother and her attorneys, for breach of contract. He claims they violated a 2006 confidential settlement agreement by voluntarily cooperating with the criminal case against him and by suing former Montgomery County D.A. Bruce Castor for defamation.
This came shortly after the new D.A. filed criminal charges against Cosby in connection to the alleged 2004 assault against Constand.
Constand says Cosby can’t sue her because he breached their agreement first.
“His conduct in using the agreement as a means to intimidate witnesses, to mislead multiple Courts, and to file frivolous motions not only make it impossible to prevail but also require that the confidentiality portions of the agreement be voided,” states the motion filed Friday by Constand’s attorney Dolores Troiani.
Constand contends she and her mother have never disclosed anything that wasn’t publicly available. Meanwhile Cosby and his attorneys repeatedly breached CSA by making statements to the media that discredit Constand’s allegations, according to the motion.
“On July 18, 2015, the New York Times published portions of Cosby’s deposition,” states the motion. “Shortly thereafter, Cosby hired Monique Pressley to plead his case on every media outlet who would have her.”
Further Constand claims Cosby himself has used the confidential documents in litigation “when it suits his purpose.”
“Cosby had to concede that while he objected to Constand providing Castor with documents in discovery in her defamation case against Castor, Cosby had already given Castor the same documents,” states the motion.
Cosby’s attorneys declined to commented on the motion.