Mark Lefkow Successfully Obtains Dismissal with Prejudice of Abusive Litigation Claim
In the Fulton County Superior Court case of Cohan v. Lester, Partner Mark Lefkow obtained an order granting a motion to dismiss with prejudice for our lawyer client. Plaintiff, who is an Atlanta lawyer, sued our client for abusive litigation, claiming that certain legal arguments advanced by our client in an action against Plaintiff were frivolous. The Fulton County Superior Court dismissed the action with prejudice, agreeing with our arguments that that there was no controlling authority on the legal issues involved and that some arguable authority supported the positions advanced by the firm’s lawyer client. Where there is arguable authority to support a legal position, an abusive litigation claim is not proper. The court also found that Plaintiff’s abusive litigation action was filed prematurely, which constituted another basis for dismissal.