Cases - Motion to Dismiss Granted on Claims against Law Firm as Joint Wrongdoer

Motion to Dismiss Granted on Claims against Law Firm as Joint Wrongdoer

Resolution Date
11/06/2014

Practice Areas
Commercial Litigation
Real Estate Litigation

Description

Pete Werdesheim won dismissal of a novel complaint that invoked Georgia’s joint-wrongdoer statute (OCGA 51-12-30) in seeking to hold a law firm liable for a client-lender’s alleged wrongful foreclosure. The plaintiffs alleged that their lender foreclosed even though they mailed a reinstatement payment the week before the sale. The trial court rejected, as a matter of law, Plaintiffs’ attorney’s argument that the law firm was liable for failing to stop the wrongful foreclosure. The trial court further noted that the plaintiffs could not prove that the law firm aided or abetted the alleged wrongful foreclosure because their communications are protected by the attorney-client privilege.

Attorneys Involved
Peter Werdesheim
John L. Bunyan

CCS Office
Atlanta