Isaacson and Parikh Succeed on Motion for Reconsideration and Obtain Dismissal of Complaint for Lawyer Clients

November 7, 2023 | Professional Liability

Debbie Isaacson and Ana Parikh successfully moved for reconsideration of a decision denying a motion to dismiss the complaint in Superior Court of New Jersey, Ocean County, against the firm’s clients. After the judge agreed it was in his discretion to hear our motion, he went through the allegations of the 50-page complaint with the parties one by one, rejecting the theme of plaintiffs’ complaint, in which plaintiffs alleged there was a conflict due to our clients’ representation of their secretary’s husband in the underlying estate matter in which plaintiff was the executrix of the estate.

The Court granted our motion to dismiss the complaint in its entirety, reversing its initial decision denying our motion to dismiss. As to the breach of fiduciary duty claim, the Court found that our lawyer clients’ communications with their client did not create liability under any theory of law. As to the fraudulent concealment and conspiracy claims, the Court agreed with Isaacson and Parikh’s arguments that the allegations were speculative, conclusory and insufficient to sustain plaintiffs’ claims. The Court also agreed with our arguments in dismissing the negligence claim, as our clients did not owe any duty of care to anybody other than their clients, and they did not owe a duty to the estate simply because they previously represented the decedent. The Court also held that the tortious interference with a contract claim must fail, as there was no contract with which our clients interfered. Finally, the Court agreed with Isaacson and Parikh’s arguments that the litigation privilege warranted dismissal of the defamation claim and the learned professional exception warranted dismissal of the Consumer Fraud Act claim.

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