Attorneys Anderson and Gerrish obtain dismissal with prejudice of claims against their attorney client on a FRCP 12(b)(6) motion

Plaintiff—a former client of FA+P’s attorney client—sued his former attorney and various federal defendants in the U.S. District Court for the Western District of Virginia. Liberally construed for 12(b)(6) purposes, Plaintiff’s complaint asserted constitutional, fraud, emotional-distress, and legal-malpractice claims against the attorney. After the parties briefed FA+P’s 12(b)(6) motion to dismiss, the court dismissed Plaintiff’s claims with prejudice.

Phil Anderson is a founding partner of FA+P and is a general civil-litigation attorney who concentrates his practice in the areas of professional liability, general property and casualty, insurance coverage, and commercial litigation. Andy Gerrish is also a civil-litigation attorney with a focus in the areas of insurance defense; insurance coverage; premises liability; legal malpractice; professional liability; community associations; and architect, engineer, and contractor liability.