Cases - Receiver Wins on Motion to Dismiss

Receiver Wins on Motion to Dismiss

Resolution Date
06/13/2013

Practice Areas
Commercial Litigation
Accounting Malpractice Defense

Description

Brian Spitler and Joe Kingma obtained dismissal for their client, an accountant and his firm, on claims brought by the principals of a company in receivership. The motion to dismiss successfully argued that the accountant and his firm were immune from liability based on their official capacity as court-appointed receivers. After a drawn out fight, which included the filing and refiling of lawsuits and a visit to the appellate court, the trial court dismissed the case in its entirety bringing resolution to the case prior to any formal discovery. Order is subject to further appeal.

Attorneys Involved
C. Joseph Hoffman
Brian S. Spitler
Johannes S. Kingma

CCS Office
Atlanta