Novack and Macey Wins Dismissal of Complaint Against Its Client
10-10-2008
Attorneys Stephen Novack, Tim Miller and Josh Liebman obtained the dismissal of a claim against their clients, a major law firm and one of its partners. The claim was filed by a former client of the law firm Novack and Macey represented. On October 7, 2008, Judge Theresa Sprigmann of the United States District Court for the Northern District of Indiana agreed with Novack and Macey's argument and dismissed the case.
Novack and Macey asked the Court to dismiss because the law firm's retention agreement with its client called for arbitration in Chicago of all claims related to the firm's representation. After first challenging the authenticity of the arbitration agreement, the plaintiff argued that the Indiana case should be stayed - not dismissed- pending arbitration. The judge rejected that argument, dismissed the case and held that the plaintiff could only pursue his case in Chicago.