I'm not sure why they waited so long to get their side of the story out on the table, but in both the state court proceedings and in federal court, Lewis Tein has moved for sanctions against the Miccosukee Tribe and their new counsel.
The state court 57.105 motion closely tracks the Rule 11 filing, and for those interested here is the Rule 11 reply filed yesterday.
This is the closing section:
The following four facts are relevant to considering the instant Rule 11 issue:
a. The Tribe maintains that its current chairman has no personal knowledge of the fraud allegations against Lewis Tein.
b. The Tribe's current vice-chairman testified that he knew of no facts supporting the Tribe's allegations of fraud against Lewis Tein.
c. In the Bermudez Case, the Tribe's attorney testified that he conducted no investigation to support the Tribe's accusations of fraud against Lewis Tein.
They also have new counsel (artist's rendering below):d. In the Florida RICO Case, the Tribe has refused to produce a single document or witness to support of its allegations of RICO and fraud against Lewis Tein.The foregoing facts, combined with the absence of any evidence against Lewis Tein, establish that the Tribe's lawsuit was filed in bad faith and for improper purposes. Knowing there is no evidence, the Tribe and its lawyer continue to pursue this action.
I'm sure everyone will be nice and respectful in comments.