December 18, 2017

Attorneys Kyle T. Berglin, Esq. and Robert E. Menje, Esq. obtained dismissal with prejudice of a lawsuit asserting claims for breach of contract and fraudulent and negligent misrepresentations against a real estate auction house in connection with a residential property closing. The plaintiff alleged that the auction house failed to disclose that the property was subject to code violations carrying  with them fines, and which ultimately resulted in demolition of the property’s single-family home by code enforcement shortly after the transaction closed and plaintiff had acquired title to the property. The firm’s lawyers pursued an aggressive litigation strategy in which they moved for both summary judgment and sanctions against the plaintiff and her counsel at an early stage of the litigation, arguing that the auction house owed plaintiff no contractual duties and that documents provided at or shortly before the closing had sufficiently disclosed the violations at issue and allocated the risks of loss due to the code violations solely to the plaintiff.  While these motions were pending, Mr. Berglin successfully negotiated a zero-dollar voluntary dismissal with prejudice of all claims asserted by the plaintiff against the firm’s client.