Koch, a yachtsman who won the America's Cup in 1992, had accused Eric Greenberg of fraudulent misrepresentation, fraudulent concealment, deceptive business practices and false advertising.

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In a December 2011 op-ed in the Midland Reporter-Telegram, Mr. Seliger assailed Mr. Sullivan for "fraudulent misrepresentation of voting records" and suggested that such critical speech isn't covered by the First Amendment.

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Respondent Oppenheimer filed a Third-Party Statement of Claim, which alleged among other causes of action, breach of settlement agreement, fraudulent and negligent misrepresentation, and unjust enrichment.

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