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

November 6, 2014

Pete Werdesheim and John Bunyan 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.

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