In February, Bill Cosby sued Andrea Constand for breach of contract, saying Constand — one of the dozens of women who have accused Cosby of sexual assault — violated a nondisclosure agreement she signed after her 2005 civil suit against the comedian settled out of court. Now, THR reports, Constand is trying to get the lawsuit thrown out. In a motion filed on Friday, Constand’s lawyer Dolores Troiani says Cosby used the pair’s agreement “to intimidate witnesses, to mislead multiple Courts, and to file frivolous motions,” which “not only [makes] it impossible to prevail but also [requires] that the confidentiality portions of the agreement be voided.” Furthermore, Troiani says, Constand has never revealed anything that was not already a matter of public record.
Cosby’s lawsuit stems from Constand’s cooperation with the sexual-assault investigation against the star, which centers on her 2004 allegation that the comedian drugged and sexually assaulted her. Since Constand is a Canadian citizen, Cosby’s suit argues, she had “no legal obligation” to assist police in the matter. The comedian also says he’s seeking a return of the settlement money he paid Constand a decade ago.