FKB’s Tracy S. Katz and Megan Feinberg Obtain Dismissal of Claims in Complex Motion Practice

04/12/2018

Tracy S. Katz and Megan Feinberg obtained dismissal of claims of fraud, RICO violations, intentional infliction of emotional distress and tortious interference with business relations, via highly complex motion practice.  The main case sounded in medical malpractice and FKB successfully argued to the court that that all of the other causes of action must be dismissed as a matter of law.  In an 11 page decision, Judge Shulman of Supreme Court, New York County agreed with all of FKB’s arguments as detailed below.

Fraud:

Judge Shulman agreed that the plaintiff lacked standing to sue for the alleged fraudulent billing claims on behalf of her insurer and that plaintiff failed to allege any specific facts establishing the elements of fraud.  The Court also agreed that plaintiff failed to show that any personal injuries caused by the fraud were different from those alleged to have been caused by the medical malpractice.  For all of the above reasons, the Court dismissed plaintiff’s fraud claims.

RICO Violations:

The Court dismissed plaintiff’s RICO claims as this allegation was deleted from her Amended Complaint and thus, the Court determined these claims had been abandoned.  The Court noted however, that even if the claims had remained, they would be subject to dismissal based on the arguments in FKB’s moving papers.

Intentional Infliction of Emotional Distress:

The Court agreed with FKB’s arguments that none of plaintiff’s conclusory allegations as alleged in her complaint were so outrageous or extreme as to rise to the level of conduct to establish severe emotional distress.

Tortious Interference with Business Relations:

The Court agreed that plaintiff failed to plead the elements required to sustain a claim of tortious interference with business relations.  Specifically, plaintiff failed to assert any injury to an existing relationship with a third party.

If you have any questions about this decision, or the defense of medical malpractice claims in general, please contact Tracy S. Katz or Megan Feinberg

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