In Parise et. al. v. Van Pelt et. al., MMP&S successfully obtained a dismissal of plaintiffs’ legal malpractice complaint in accordance with Fed.R.Civ.P. 12(b)(6). Plaintiffs, property owners, had filed a 600-paragraph complaint in 2017 against our client, an attorney, alleging that the attorney, and others, were part of a large scheme to deprive plaintiffs of their land in New Jersey. The Complaint asserted claims for (i) violation of the Federal RICO statute; (ii) tortious interference; (iii) malicious abuse of process; and (iv) unjust enrichment. Our client had provided discrete legal services to the plaintiffs between 2001 and 2004. MMP&S successfully argued that the complaint failed to state a claim in regard to any cause of action, that any amendment would be futile, and that all causes of action were nonetheless time barred. The Court granted the motion and dismissed the complaint with prejudice.
