Apr 21st, 2020

FKB’S RACHEL AGHASSI AND CHRISTOPHER D. SKOCZEN OBTAIN PRE-ANSWER DISMISSAL OF ACTION IN U.S. DISTRICT COURT, EASTERN DISTRICT OF NEW YORK ON PROCEDURAL GROUNDS


FKB’s Rachel Aghassi and Christopher D. Skoczen obtained a pre-answer dismissal of an action against a law firm brought in U.S. District Court, Eastern District of New York, alleging, inter alia, fraud, civil rights violations, and violations of the Racketeer Influenced and Corrupt Organizations Act.  In its pre-answer motion to dismiss, FKB successfully argued that the plaintiff had failed to obtain personal jurisdiction over the law firm in failing to serve the firm in compliance with the requirements of the Federal Rules of Civil Procedure.  The Court (District Court Judge Pamela K. Chen) held that consideration of plaintiff’s substantive claims was unnecessary, as FKB had established that dismissal was appropriate for lack of personal jurisdiction and insufficient service. 

If you have any questions about this decision, or the defense of attorneys in general, please contact Rachel Aghassi or Christopher D. Skoczen