FKB’s Rachel Aghassi and Alec Neimand obtain Pre-Answer Dismissal of a complaint in the United States District Court, Southern District of New York, alleging libel and tortious interference with business relationship claims against a former judge.

FKB’s client’s son, a medical doctor, hired plaintiff as an attorney consultant related to a dispute with his medical practice but the relationship soured when they had a contractual disagreement over fees.  FKB’s client then wrote to plaintiff’s law firm employer expressing his concern for plaintiff’s conduct during the fee dispute, especially because it was revealed that the employer law firm represented the medical practice, which could have been a conflict.

Plaintiff, an attorney, brought claims for libel, libel per se, and tortious interference with business relationship alleging that FKB’s client’s letter caused the plaintiff to be terminated by his employer.

In a FRCP Rule 12(b)(2) and (6) motion, FKB successfully argued that New York lacked general or personal jurisdiction over FKB’s client because the Plaintiff did not allege that FKB’s client transacted any business within New York. The Court agreed that FKB’s client sending a letter about the plaintiff, a New York resident, to recipients in Chicago and Washington D.C. was insufficient to create personal jurisdiction in New York under CLPR 302(a)(1). The Court additionally agreed with FKB’s argument that the plaintiff could not invoke jurisdiction under CPLR 302(a)(2) and (3) for an action sounding in defamation.

If you have any questions about this decision,  or the defense of legal malpractice actions in general, please contract Rachel Aghassi or Alec Neimand.