Preg, O’Donnell & Gillett Member Lori O’Tool achieved an early dismissal for her accounting client from a Western District of Washington federal court case. The multi-party lawsuit arose from an underlying divorce trial and appeal. Ms. O’Tool’s client was an expert witness during the divorce trial. Based upon absolute immunity under Washington law for testifying witnesses (see, Bruce v. Byrne-Stevens & Assocs. Eng’rs, Inc., 113 Wn.2d 123, 776 P.2d 666 (1989)), Ms. O’Tool brought a motion to dismiss under Fed. R. Civ. P. 12(b)(6) for plaintiff’s failure to state a claim. The Court agreed with the arguments presented and granted dismissal with prejudice from the lawsuit for her client.
November 9th, 2015|News|