There are reports surfacing today that Larry King's alleged mistress -- his wife Shawn's sister, Shannon Engemann -- is threatening to sue Larry for "breach of promise." She alleges that he PROMISED to leave his wife (her sister!) for her, and she can sue over that. Say what? We asked attorney Robin Sax to explain.
Robin Sax: The blessing and curse with the American legal system is that anyone can file a lawsuit for anything. But just because you can file a lawsuit does not mean that you can actually win a lawsuit.
There are two legal issues here. First, a lawsuit for breach of contract by a lover is most likely going to be violative public policy. The law favors married couples working things out and upholding marriage. It is likely that a promise to get divorced would be considered against public policy, and therefore this contract would not be valid. As a matter of fact, in seven states, the wife, Shawn, could (if she was in one of those states) sue Shannon for interference with affection.
Second, this is a promise that Larry King may not have been legally able to make -- therefore, it's a legally unenforceable contract. Larry King could not legally promise marriage when he was married at the time of the alleged promise. A court will likely be unable to find that there was a legal contract; therefore, there would be no breach. He was unable to enter a contract and perform on the "contract" he allegedly made, because he was MARRIED AT THE TIME ... a fact Shannon obviously knew.
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This is different from a case wherein someone sent invitations for a wedding, bought a dress and made plans based on the belief that they had entered into an agreement to get married. Here, what's Shannon going to say is the damage or the loss -- all of the gifts and money she potentially would have received? And the case is further compromised by the fact that she originally denied the relationship in the beginning.
This sounds like a scorned woman who is throwing spaghetti in the air to see if anything will stick. Legally speaking, I say she will lose in a "breach of promise" case.
Do YOU think Shannon should sue? Comment below.