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Dismissal Obtained for Fraud on the Court in Premises Liability Case

Jennifer Feld, of the West Palm Beach office, obtained a dismissal with prejudice for Plaintiff’s fraud on the court in a premises liability case. The Plaintiff filed a complaint for negligence arising out of an alleged slip and fall due to an air conditioning leak in a fast food restaurant. As initial discovery began, it became apparent Plaintiff had been treating with numerous providers for an extensive period of time. With over 55 medical providers alone, Plaintiff’s medical bills were in excess of $350,000.00. As the subpoenaed records arrived, Jennifer and her team noticed there were two different addresses for the Plaintiff – one in New York, and one Florida. A background check revealed there were two individuals bearing the same social security number. Additionally, one of the medical providers was attempting to collect an outstanding lien from the individual who resided in New York. As the plot thickened, amidst the medical records, Jennifer discovered correspondence referencing the Federal Trade Commission and an FBI investigation for fraud. The Plaintiff’s initial deposition was surprisingly rescheduled at the last minute. Once Jennifer obtained a copy of Plaintiff’s Federal Indictment, she moved to dismiss for fraud on the court and for sanctions. She also moved to strike the Plaintiff’s Proposal for Settlement, on the same grounds. Plaintiff’s counsel withdrew from the case instead of dismissing it. At the hearing, Jennifer persuaded the judge that the defense motions should be granted. Thus, the judge granted the motions, dismissed Plaintiff’s case with prejudice, and awarded attorney’s fees in favor of the defense and against Plaintiff.

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