Cosby sues his accusers: Does that make sense?

Story highlights

  • Bill Cosby is countersuing seven of his accusers
  • Danny Cevallos: For Cosby, best defense may be a good offense

Danny Cevallos is a CNN legal analyst and a personal injury and criminal defense attorney practicing in Pennsylvania and the U.S. Virgin Islands. Follow him on Twitter @CevallosLaw. The opinions expressed in this commentary are solely his.

(CNN)On Monday, Bill Cosby struck back against his accusers, filing an answer and counterclaims against the plaintiffs in court. For Cosby, the best defense may ultimately be a good offense.

Cosby's counterclaims, filed Monday, consist of 1) defamation per se; 2) defamation; 3) tortious interference; and 4) intentional infliction of emotional distress.
From a legal standpoint, it's a good strategy—albeit a scorched-earth policy. Cosby is being sued for defamation by seven of the dozens of women who have accused him of sexual assault; the plaintiffs claim that his attorneys' representatives' public responses to the accusations defamed them. His defense will attack the credibility of witnesses against him, seeking to prove they have intentionally fabricated these allegations for monetary gain. That theory of defense parallels his new counterclaims against the plaintiffs: that they are intentionally fabricating these claims for monetary gain.
    There's not really a lot of risk here for Cosby, either. Or, another way of looking at it: it couldn't make things any worse.