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Receiver Wins on Motion to Dismiss

June 13, 2013

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.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.