Congratulations to Partners, Juan C. Gonzalez and Amanda L. Tate, for their success in obtaining a Rule 12(b)(6) dismissal in the S.D.N.Y. on behalf of a defendant physician, in a case involving federal and state law claims. The complaint, albeit drafted by a pro se litigant, contained lengthy, complex and often convoluted allegations of medical malpractice, battery, sexual assault, conspiracy and unfair trade practices.
The Court, in a well-reasoned 24-page Opinion, not only agreed with our arguments that the allegations were either time-barred, failed to state valid causes of actions, but also agreed that the allegations were factually frivolous, warranting a complete dismissal on multiple grounds.
Of significance was that since the alleged misconduct occurred in New York and New Jersey under state and federal law, the Court adopted our positions under federal law as well as both States’ laws. Notably, notwithstanding the deference afforded to pro se litigants, defendant’s motion was so robust, well-crafted and air tight, that the Court declined to afford the pro se plaintiff the otherwise customary latitude of leave to amend the complaint to rectify the pleading defects.