Not every tragic outcome gives rise to a legal claim. We evaluate every case at its outset to determine whether the plaintiff has alleged viable causes of action. If they did not, we identify those failures and seek an early dismissal.
Recently, we obtained a dismissal on behalf of a pediatrics practice that had been sued for an alleged failure to report child abuse. The plaintiff — a child who had never been seen or treated by the practice — claimed the practice’s failure to report the earlier abuse of another child led to their own abuse a year later.
As tragic as the child’s story was, we know that lawsuits cannot proceed in the absence of a legal duty, or when the causation connection is comprised of unprovable hypotheticals. We obtained a dismissal of the case against our client after arguing statutory immunity, the lack of a duty to unknown future victims, and the lack of any clear connection between the alleged conduct and the harm. We held the plaintiffs to their burden of pleading a viable claim and made clear that speculation is no substitute for law.
This result is a reminder of why civil litigation must be grounded in enforceable standards: a plaintiff must have a claim that is legally cognizable. As courts continue to see attempts to expand liability through indirect causation or emotionally charged rhetoric, we remain committed to pushing hard at the threshold, where cases without a sound legal foundation should end.
If you need assistance with your legal matter, our experienced attorneys are here to help.