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Homeward Residential v. Thompson Hine LLP

Law Firm Granted Dismissal of Legal Malpractice Suit as Court Lacks Personal Jurisdiction

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DECISION & ORDER

*1  The motion to dismiss by defendant is granted. BackgroundThis legal malpractice action arises out of legal work performed by defendant for plaintiff in connection with a lawsuit in a federal court in Georgia. Plaintiff serviced home mortgage loans and hired defendant to represent it in a lawsuit brought by a property owner. Plaintiff claims that defendant failed to timely assert a claim relating to punitive damages and this oversight resulted in a judgment of $3 million in punitive damages to be awarded against plaintiff. Plaintiff contends that had defendant properly represented plaintiff, it would have cited to a Georgia statute that limited punitive damages to $250,000.Defendant moves to dismiss for lack of personal jurisdiction. Defendant stresses that it is a limited liability partnership organized under the laws of Ohio and its principal place of business is in Cleveland, Ohio. Defendant argues that New York has no connection to the underlying lawsuit that occurred in Georgia — defendant claims that none of its New York-based attorneys were involved in the Georgia action. Defendant concludes that it is not subject to general jurisdiction in New York.

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