MELODY JOLLY (Wilmington) and LEE POOLE (Charlotte) obtained dismissal as a matter of law on behalf of their client, a southeastern law firm, in a purported class action lawsuit seeking over $11 million in damages and alleging numerous claims including fraud, breach of contract, breach of fiduciary duty and violations of North Carolina’s Unfair Trade Practices Act. Suit was originally filed in state court. After removing the case to the U.S. District Court for the Western District of North Carolina pursuant to the Class Action Fairness Act, MS. JOLLY and MR. POOLE prevailed over Plaintiffs’ Motion to Remand the case back to state court. MS. JOLLY then filed a Motion to Dismiss the complaint for failure to state a claim, on the basis that Plaintiffs’ claims were all premised on violations of North Carolina State Bar ethics opinions which do not give rise to civil liability, that Plaintiffs failed to allege any duty independent of the State Bar ethics opinions and Rules of Professional Conduct, and that Plaintiffs failed to allege damages. Briefs were submitted by all parties, and the Court requested oral arguments on Defendants’ Motion to Dismiss. At the hearing, MS. JOLLY successfully argued Plaintiffs’ failure to state a claim, and Defendants’ Motion to Dismiss was granted, resulting in dismissal of Plaintiffs’ case with prejudice.
The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results.
