Friday April 19th 2024

Booth LLP Obtains Dismissal Of All Claims In A Mold-Based Fraud And Contract Suit

December 16, 2020

Booth LLP successfully defeated multiple fraud and contract-based claims brought against its client on behalf of a family of 6 plaintiffs, all claiming injury based on alleged mold contamination in a rented home.  Booth LLP attorneys Jason Booth and Scott Greene represented a subcontractor in the remediation efforts, who was sued along with the property owners and other remediation contractors.  Booth LLP successfully challenged the claims made in the initial Complaint, including Consumer Fraud, and convinced the Court to strike the accompanying demand for attorney’s fees.  Plaintiff was given a chance to restate and augment their claims, and Booth LLP challenged that Amended Complaint.  Despite the efforts by Plaintiffs’ attorneys, BOOTH LLP established that Plaintiffs could not allege any specific, allegedly fraudulent statements made by its client to any of the Plaintiffs, nor did it owe any duty to the Plaintiffs based on contract.  Plaintiffs claimed both 3rd Party Beneficiary status and a “special relationship,” but Booth LLP was able to convince the Court to grant its second challenge without leave to amend as to all claims, effectively ending the case as to Booth LLP’s client.  

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