United States – Fort Lauderdale Team Secures Complete Dismissal With Prejudice For Clients In Professional Liability Lawsuit

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Founded in 1979 by seven lawyers from a premier Los Angeles firm, Lewis Brisbois has grown to include nearly 1,400 attorneys in 50 offices in 27 states, and dedicates itself to more than 40 legal practice areas for clients of all sizes in every major industry.

A Fort Lauderdale legal team successfully defended a law firm, attorney, and client against negligence claims arising from a marital dissolution case, securing a complete dismissal with prejudice…

United States

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Fort Lauderdale Partners Cheryl Wilke and Amber Dawson secured a
complete dismissal with prejudice on behalf of a law firm,
attorney, and individual client in a high-stakes negligence action
filed in the United States District Court for the Southern District
of Florida arising from contentious marital dissolution
proceedings.

The case stemmed from a marital dissolution proceeding in which
the defendant wife was awarded attorney’s fees from her husband
following a two-day evidentiary hearing. The court found the
husband had the ability to pay from his various business accounts.
After the husband’s non-payment of the attorney’s fee
award, notices of levy were issued pursuant to court order to
collect the attorney’s fee award due. The husband refused to
pay and fled overseas.

The subject lawsuit was then filed in Miami-Dade County against
the wife in the marital dissolution proceeding, her law firm, and
her attorney by a company associated with the husband. The company
alleged the wife, attorney, and law firm maliciously and improperly
issued a levy causing reputational harm on a bank account not owned
by the husband and causing the plaintiff’s account to be frozen
by its bank. The complaint alleged one count of negligence against
the three defendants.

The Lewis Brisbois team timely removed the case to federal court
and filed a motion to dismiss for failure to state a claim,
asserting the claim was barred by Florida’s litigation
privilege, which confers absolute immunity for conduct occurring
during judicial proceedings.

The court granted the motion to dismiss, finding there was no
duty and that the plaintiff failed to state a claim, but ultimately
dismissed the entire case with prejudice, holding that the
litigation privilege provided an absolute bar to any claim arising
from the conduct alleged and that any amendment would be
futile.

The decision fully disposed of all claims against the Lewis
Brisbois clients and closed the case.