Mike Lynn and Chisara Ezie-Boncoeur Comment in "Second Part of Neiman Marcus-Marble Ridge Battle Commences in Court"
Neiman’s lead lawyer, Mike Lynn, said none of these arguments matter because Neiman has multiple pieces of evidence to meet the minimum burden of proof to further pursue its defamation claims against Marble Ridge. Lynn said even the limited discovery Neiman has been able to conduct at this point in the case proves that Neiman has met this requirement. Lynn also said that just the suggestion that Neiman may be in default – when Marble Ridge knew that wasn’t the case – sends the message to the world that Neiman is a thief.
“If you accuse a financial officer or a lawyer in this state of theft, it hurts their reputation,” said Lynn. “If you accuse a retailer in the midst of a $2 billion negotiation of its debt of theft, that hurts its reputation.”
"Opinion doesn’t always cut it in the eyes of the Texas courts, countered Neiman lawyer Chisara Ezie-Boncoeur. “What if those facts that the opinions are rooted in are incorrect, incomplete or based on something erroneous?” she mused before the court.
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