Erie Times News, April 17

Lawyer sues Erie District Attorney, Times-News

By Ed Palattella
Staff Writer

A Pittsburgh lawyer charged with stealing from clients is suing Erie County District Attorney Brad Foulk and the Erie Times-News over claims of defamation.

Attorney Joseph Hudak is seeking $1 million in damages each from Foulk and the newspaper.

Foulk and the newspaper characterized the suits as having no merit.

Hudak filed the separate suits against Foulk and the Times-News in U.S. Bankruptcy Court in Pittsburgh, where he filed for Chapter 7 liquidation in January 2005.
Hudak claims Foulk wronged him by making statements to the media that Hudak “was guilty of crimes and was incompetent in his profession.”

Hudak claims the Times Publishing Company, doing business as the Erie Times-News, libeled him by publishing stories that “created false impressions” about his criminal charges and other legal problems, according to the suit.

The suits also claim that a number of unnamed individuals resented Hudak’s “success in Erie” as Hudak expanded his practice beyond Pittsburgh, and that Foulk joined a “wrongful effort” to destroy Hudak and his law practice.

The suit against the Erie Times-News also names as defendants Lisa Thompson, the reporter who wrote the stories about Hudak; and Pat Howard, the newspaper’s managing editor.

The top editor at the Erie Times-News said Hudak’s suit is groundless.

“We stand by our stories,” Executive Editor Rick Sayers said.

Foulk said he has referred the suit to the Erie County Solicitor’s Office for a defense.

“To say that it is without merit is putting mildly,” Foulk said.

Hudak filed the suits March 27. He said he sued in Bankruptcy Court, instead of the usual venue of a county Common Pleas Court, because he hopes to use any damages he might collect from the suits to pay creditors in the bankruptcy proceeding. He said he intends to change the Chapter 7 to a Chapter 11 reorganization.

“I want the proceeds from this lawsuit and some other lawsuits to pay people other than myself, including certain clients,” Hudak said in an interview.

The state Supreme Court twice suspended Hudak from practicing law, most recently in March 2005. That suspension was for a year and a day, with four months of credit for the previous suspension.

Hudak said he is currently not practicing law as he awaits word on whether the state Supreme Court will reinstate him to the bar. He said he had to apply for reinstatement because of the suspension.

Hudak originally was charged in five cases that he either stole money from Erie-area clients or took money from them and failed to perform legal services as promised. Erie County Judge John A. Bozza dismissed three of the cases, but refused to throw out two others.

Hudak is scheduled to go to trial in May in those two cases -- one of while involves an allegation of theft and the other allegations of theft and forgery, First Assistant District Attorney Robert Sambroak Jr. said.

In throwing out one of the five cases against Hudak in February, Bozza said the prosecution did not have enough evidence to prove Hudak stole money from a client who had retained him and for whom Hudak was accused of not filing an appeal. Bozza said the incident in that case appeared to be more of a violation of a contract rather than a criminal matter.

Bozza said his dismissal of the case should not be read as “suggesting in any way that Mr. Hudak properly carried out his professional responsibilities to his client.”
Sambroak said the District Attorney’s Office has appealed Bozza’s dismissal of the three cases to the state Superior Court.

[BACK TO HEADLINES & DEADLINES HOME PAGE]