FKB’s Mike Furman, Chris Skoczen and Lisa Burns prevailed on a pre-answer motion to dismiss a complaint against a law firm alleging, inter alia, fraud, unjust enrichment, and infliction of emotional distress.  The plaintiff claimed that FKB’s client law firm was complicit in the purported fraud of a former partner alleged to have misrepresented its client’s assets in inducing plaintiff to settle a contentious Child Victim’s Act action.

FKB demonstrated convincingly that plaintiff’s action was barred as a collateral attack on an order in a separate action.  FKB also forcibly argued that Plaintiff’s conclusory allegations failed to present a valid claim against FKB’s client and that the claim was barred by a release in the related action. The District Court, Southern District of New York agreed and dismissed the action in its entirety.

If you have any questions about this decision, or the defense of attorneys in general, please contact Mike Furman, Chris Skoczen or Lisa Burns.