The declaration was filed Dec. 17 as part of a motion by LaPort to dismiss the suit, filed by TSE in October, in which the attorney was accused of mucking up Tyler’s “American Idol” negotiations, costing the Aerosmith frontman’s judge gig and, thus, commissions for TSE, among other things.
LaPort fired back with a motion to “strike” the suit under anti-SLAPP provisions, arguing TSE’s suit can’t be won because Eric Sherman – not Kovac – was Tyler’s manager at the time of the negotiation and LaPort had a protected free speech right to advise Tyler adverse to TSE in any event.
“I know [LaPort] has been sued by Allen Kovac’s company regarding my management relationship with him, and that is an outrage and a travesty,” Tyler said in his declaration to the court.
“It is an understatement to say that I was very unhappy with the services and conduct of Allen Kovac,” Tyler continued. “Among other things, he was disrespectful and rude to my business associates, insulted and verbally abused my fiancée, my lawyer, my family, my assistants, and my accountants. I wanted very much to end the relationship.
“In fact, I only signed with his company in the first place because Kovac employed Eric Sherman, a person I liked, and only because we agreed that Eric would be my manager – not Allen.”
Tyler said Kovac “would not stop interfering in my matters and business, and I wanted to fire his company,” and was able to do so as of Aug. 1, 2011.
Kovac/TSE filed an $8 million suit against LaPolt, claiming she blew Tyler’s chance for a fat raise to stay with “Idol.” Instead, Tyler and his Aerosmith mates undertook a concert tour.
In the complaint, Kovac/TSE said LaPolt “sold out her own client,” and accused her of turning Sherman, described as a “senior employee of TSE and a day-to-day manager for the Artist,” against Kovac and the company, and facilitating what amounts to a poaching of Sherman and Tyler by rival management firm X1X Entertainment.
In the anti-SLAPP motion, LaPolt’s lawyers also accuse Kovac/TSE of fearing the loss of client Mötley Crüe in the brouhaha – she also represents the Crüe and advised them to retain another attorney while she and Tyler slugged it out with Kovac/TSE.
SLAPP suits are strategically filed complaints that can’t be won at trial, but force a defendant to incur the legal cost of proving it – preferably by settling and making the nuisance suit go away.