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Toussie v. Williams & Connolly LLP

SAC in Malpractice Suit Alleges 'But For' Causation as to Litigation's Better Outcome

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MEMORANDUM AND ORDER Plaintiff Robert I. Toussie brings this case claiming malpractice related to Defendants’ legal representation in connection with Plaintiff’s efforts to enforce certain contractual relationships, as well as in a related New York State court action. (First Amended Complaint (“FAC”), ECF No. 35, 1.) Plaintiff now seeks to file a second amended complaint. (See Plaintiff’s Motion for Leave to File Second Amended Complaint (“Mot. to Amend”), ECF No. 42.) On October 26, 2021, the Honorable Diane Gujarati referred the motion to the undersigned Magistrate Judge. (Oct. 26, 2021 ECF Order.) For the reasons set forth below, Plaintiff’s motion to amend is granted. FACTUAL BACKGROUND AND PROCEDURAL HISTORY I. The Underlying Litigation The Court provides a brief summary of the underlying litigation that formed the basis for the attorney-client relationship between Plaintiff and Defendants so as to put the claims in Plaintiff’s proposed second amended complaint into context. In brief, Plaintiff hired Defendants to represent him in his efforts to enforce certain contracts to which he was a party, along with Coastal Development LLC (“Coastal”) and Richard Fields (“Fields”). (Redline Proposed Second Amended Complaint (“SAC”), ECF No. 422,

1-4, 11-25.)1 The first underlying contract was a “Participation Agreement,” by which Plaintiff Robert Toussie, together with Michael Toussie (collectively the “Toussies”), agreed to invest several million dollars into a company called Power Plant so that Power Plant, Coastal, and Fields could develop two casino projects on land belonging to the Seminole Tribe of Florida. (Id.

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