Multi-State Team Turns the Tables in Fee-Shifting Suit with Significant Win for Client

June 2023

Gordon & Rees Chicago Partner Avanti Bakane, Florida Of Counsel Neha Dagley, and Chicago Of Counsel Jonathon Drews successfully obtained a ruling from the U.S. District Court Northern District of Georgia, which ordered the plaintiffs and their counsel to show cause as to why they should not be held responsible for the client’s defense fees. In addition, if the plaintiffs’ counsel opposes this award, they must justify why they should not be subjected to a deposition in the matter.

The Gordon & Rees team skillfully put plaintiffs’ counsel in a challenging position during the plaintiffs’ depositions, exposing their confusion regarding the claims they pursued and the falsehoods associated with them. This led to an order requiring the opposing counsel to sit for a deposition. When the plaintiffs attempted to dismiss the lawsuit (for the second time), the team deposed plaintiffs for the second time, revealing even more inconsistencies in their story.

Strategically, the firm’s client agreed to the dismissal of the lawsuit with prejudice, while also requesting the court retain jurisdiction to consider a fee motion. The court went further, issuing a rule to show cause to the opposing counsel as to why the client should not recoup its fees. Should counsel oppose such an award, a second rule to show cause will be activated, requiring an explanation as to why the attorney should not be forced to sit for a deposition in the matter. Accordingly, the firm’s client is positioned in a strong manner to recoup its fees under what often feels like a near-impossible standard to do so in fee-shifting cases favoring plaintiffs, not defendants.

The team could not have achieved this result without the invaluable assistance of Junior Legal Secretary Sean Hendrickson and Case Assistant Karima Lijassi.

To read more about this case, please click here.