Attorneys Dave Jester and Alexis Mays of Galloway’s Pensacola, Florida office recently secured dismissals with prejudice on two cases brought against local lawyers and their firms within weeks of each other. The damages sought in one of the lawsuits were in the millions of dollars.
Both cases arose from the lawyers’ representation of their respective clients in the underlying litigation. These two local cases were brought against the lawyers because of their successes in the those matters. Essentially, the Plaintiffs in our cases sued the lawyers for doing their jobs.
Each Plaintiff was given three chances to amend their complaint in an effort to state a cause of action against the lawyers. In both cases, the Plaintiffs were unsuccessful. Both courts held that after three tries, further attempts to amend the complaint would be fruitless. As one of the judges offered, “This is the third attempt by the Plaintiffs to allege claims against the Defendant, and yet, they still cannot sufficiently state facts which would support any causes of action against [him]. The Plaintiffs have used the proverbial ‘spaghetti against the wall’ approach as to the claims against [the Defendant]. However, the Court does not believe any of their claims stick now, nor can they stick in the future.”
Pending motions for sanctions exist in both cases to recover fees and costs against the Plaintiffs and their lawyers because the claims made in each were without support in fact or law. For more information, contact Dave at djester@gallowaylawfirm.com or Alexis at amays@gallowaylawfirm.com.