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.

WSJ: Billionaire wins wine fight; jury awards him $380K

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.

WSJ: Review & Outlook: Texas Targets Conservatives

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.

FORBES: US Airways Wins $30 Million ARS Award Against Oppenheimer

It specifically alleges fraud by intentional misrepresentation, fraud by concealment, fraudulent inducement and unfair competition.

FORBES: Proview v. Apple: It's All Getting More Interesting