Birmingham, Alabama, Partner Stacy L. Moon successfully moved to dismiss a case alleging fraudulent misrepresentation, fraudulent suppression, and other causes of action against real estate agents and a real estate brokerage.
The claim arose out of a dispute over whether the plaintiffs relied on representations made by the defendants regarding the location of boundary lines and septic lines and the existence of an easement.
After the Court granted the first motion to dismiss without prejudice, the plaintiffs amended the complaint. Moon moved to dismiss the amended complaint, arguing that the amendment did not change the operative law. The U.S. District Court for the Northern District of Alabama agreed and dismissed the amended complaint with prejudice.