Isaacson and Parikh Secure Dismissal with Prejudice for Law Firm Client

October 24, 2023 | Professional Liability

Debbie Isaacson and Ana Parikh successfully moved to dismiss an action in Superior Court of New Jersey, Hunterdon County, against the firm’s client, a civil litigation law firm.

The firm’s client represented a Power of Attorney and executor of an estate in various underlying estate litigations against the Plaintiff. Plaintiff filed the lawsuit accusing the firm’s client of legal malpractice for allegedly knowing of an allegation that its client fraudulently obtained Power of Attorney and became the executor of the family’s estate. The complaint  further alleges that the firm’s client improperly initiated the underlying estate litigations against Plaintiff despite its knowledge of the client’s alleged fraud. Plaintiff lastly alleged a civil conspiracy claim by claiming that the firm’s client was aware of and/or enabled the Power of Attorney’s several fraudulent actions resulting in Plaintiff’s damages.

The Court granted our motion to dismiss the complaint in its entirety with prejudice. Isaacson and Parikh successfully argued that Plaintiff failed to assert factual allegations to support his claims of legal malpractice and civil conspiracy. The Court held that Plaintiff failed to plead sufficient facts to show that that he and the firm’s client had an attorney-client relationship or that the firm’s client owed Plaintiff a duty as a non-client under the limited exception permitted in New Jersey. Additionally, the Court held that Plaintiff’s conclusory allegations that the firm’s client somehow aided in their client’s purported fraudulent activities did not sufficiently plead the elements of a civil conspiracy claim.

The Court dismissed Plaintiff’s entire complaint against the firm’s client with prejudice.

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