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Lee & Osta Win Motion to Dismiss in Federal Court

May 15, 2017

Matthew Lee (Partner-Virginia) and Darcy Osta (Associate-Virginia) successfully defended their attorney client against claims for civil conspiracy, legal malpractice, wrongful interference with contractual expectations and violation of Section 1983.  Their client was an attorney for a court-appointed special receiver for a limited partnership in a Virginia state court.  The plaintiff, who claimed that she held an ownership interest in the limited partnership and thus had standing to pursue claims on its behalf, argued that the special receiver and his attorneys mishandled the assets of the limited partnership during the course of the receivership and concurrent bankruptcy action.  With respect to the claims for civil conspiracy, legal malpractice and wrongful interference, the court concluded that the plaintiff failed to state causes of action against Matt’s and Darcy’s client upon which relief could be granted. The court further found that the 1983 claim was time barred.  

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