Charging malicious prosecution, local industry attorney Don Engel seeks $106 million in cumulative damages in Federal District Court here from CBS Inc. and a New York lawyer and his firm, claiming they wrongfully accused him in the legal hassle involving the group Boston.
CBS originally filed suit against Thomas Scholz and Boston in October, 1983, demanding $20 million in damages for the act's failure to deliver a third album (Billboard, Nov. 12, 1983). Scholz denied the allegations through Engel, his attorney, counterclaiming breach of contract and cumulative damages of $15 million.
Engel's complaint, filled last Monday (4), alleges that CBS and Moses & Singer and an attorney with that firm, Stanley Rothenberg, misrepresented to the New York Federal District Court Engel's actions in the suit in an attempt to disrupt Engel's work on behalf of Scholz. CBS would not comment on the charges.
CBS filed a second action in August, 1984, charging breach of contract and copyright infringement against Scholz, Engel, Boston's manager Jeff Donenfeld and MCA Records, the latter for allegedly trying to make a deal for Boston.
The presiding New York judge lashed out against the plaintiffs in the second action in February, saying he was outraged by what he felt was an attempt to "immobilize" Engel from representing Scholz. Final action in the second suit favored Engel.