Pernell Choren (Of Counsel-Washington, DC) and Matthew Lee (Partner-McLean, VA) secured dismissal of all claims asserted against Wilson Elser’s client, a title and settlement services company, in D.C. Superior Court. The case arose from the sale of a five-unit apartment building in the District. The purchaser of the property filed a third-party complaint against the client, alleging that the title company had facilitated the sale without sufficiently handling the applicable TOPA issues. The third-party complaint asserted seven claims, including breach of contract, fraudulent and negligent misrepresentation, unjust enrichment, breach of the covenant of good faith and fair dealing, waste, intentional infliction of emotional distress, and recoupment. The third-party plaintiff sought both compensatory and punitive damages against the firm’s client.

Perry and Matt moved to dismiss the third-party complaint in its entirety under Civil Rules 8(a), 9(b), 12(b)(6), and 14. Specifically, they argued that the third-party complaint was procedurally improper under Rule 14, as the third-party claims were not derivative of the causes of action asserted in the underlying complaint. They also argued that each count independently failed to state a claim under Rule 12(b)(6). Finally, they argued that the third-party plaintiff’s request for punitive damages should be dismissed because it failed to sufficiently plead that the firm’s client acted with actual malice or an evil motive. In a detailed 13-page order, the court agreed with each of Wilson Elser’s 12(b)(6) arguments, granted the motion, and dismissed the third-party complaint against the client in its entirety.