FKB's Andrew R. Jones wins unanimous appeal before the Second Circuit Court of Appeals, which affirms the United States District Court's dismissal of a six-count complaint 12/2/09

FKB's client, a respected Manhattan law firm, represented a client in a commercial dispute arising out of a family business. After obtaining a settlement in excess of $8 million, the client terminated the law firm. FKB argued that termination occurred solely in an effort to challenge the firm's legal fees. After the termination letter was disseminated to third parties, the firm brought a defamation against their former client. That suit was dismissed on technical grounds. After obtaining dismissal, the former client filed suit in the Southern District of New York, through diversity jurisdiction, alleging six causes of action including: legal malpractice, breach of fiduciary duty, prima facie tort, and intentional infliction of emotional distress.

FKB filed a pre-answer motion to dismiss under Fed. R. Civ. P. 12. The motion was referred to a United Stated Magistrate Judge for a report and recommendation ("R&R"). The Magistrate Judge recommended dismissal of all claims against the firm. The plaintiff filed objections to the R&R with the United States District Judge, who, after a second layer of review, ordered dismissal of all claims. Click here for the District Court's Order (pdf). Plaintiff appealed dismissal of her suit to the Second Circuit Court of Appeals.

After the issues were fully brief, oral argument was held before a three-judge panel in the Second Circuit on November 4, 2009. FKB's Andrew R. Jones successfully argued that the lower court's decision should be affirmed on multiple grounds for each cause of action. Just two weeks after oral argument, the Second Circuit issued a unanimous decision affirming the dismissal of plaintiff's entire suit. Click here for the Second Circuit's Order (pdf).

FKB's Andrew R. Jones, A. Michael Furman, and Si Aydiner were on the winning brief.

Andrew Jones' bio / email | Mike Furman's bio / email

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