We hereby formally demand that you withdraw your Complaint in its entirety. (Id.). O'Hearn's email does not constitute evidence of impropriety because Defendants had a legal right to pursue attorneys' fees, costs, and sanctions.See Lempert v. Singer, 766 F. Supp. 1356, 1361 (D.V.I. 1991) (finding no duress when party "threatened" counterparty by refusing to sell property when party had legal right to do so); Great Bay Hotel Casino, Inc. v. Tose, No. 91-600, 1991 WL 639131, *7 (D.N.J. Dec. 16, 1991) ("[I]nstitut[ing] or threatening to institute legal action where [a] party has a legal right to take such action does not constitute duress.") (quoting Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983) (citations omitted); Garshman v. Universal Res. Holding, Inc., 641 F. Supp. 1359, 1372-73 (D.N.J. 1986), aff'd 824 F.2d 223 (3d Cir. 1987) (finding no duress when party threatened to exercise rights under contract). In other words, there is no duress when a party simply threatens to do what it has a legal right to do.
However, "[i]t is not wrongful to threaten to do something that one has a legal right to do." Riv Vil, 979 F. Supp. at 656 ( citing Alexander, 423 N.E.2d at 582); Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983) (citations omitted) (finding that a party's threat to assert its legal rights does not rise to the level of economic duress unless it involves some abuse of the legal process). Unless wrongful or unlawful pressure is exerted, there is no economic duress.
However, "[i]t is not wrongful to threaten to do something that one has a legal right to do." Riv Vil, 979 F.Supp. at 656 (citing Alexander, 53 Ill.Dec. 194, 423 N.E.2d at 582); Thelin v. Mitchell, 576 F.Supp. 1404, 1408 (N.D.Ill.1983) (citations omitted) (finding that a party's threat to assert its legal rights does not rise to the level of economic duress unless it involves some abuse of the legal process). Unless wrongful or unlawful pressure is exerted, there is no economic duress.