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Attorneys obtained dismissal of a claim involving litigation which arose from the design and implementation of a complex computer system for a large health club operator

Attorneys obtained dismissal of a claim involving litigation which arose from the design and implementation of a complex computer system for a large health club operator. Our client, retained as a consultant on the project by the health club, was joined to the litigation as a counterclaim defendant by the software company that contracted with the health club. The sole claim against our client was based on tortious interference with contractual relations. It was alleged that our client interfered with the contract between the health club and the software company by staging various disputes and otherwise undermining the relationship between the contracting parties. We filed a Motion to Dismiss asserting that a claim could not be stated under state law, because any alleged contractual interference was related to our client's lawful role in providing consulting advice to the health club. We further argued that, under state law, the counterclaim was procedurally improper. After briefing and oral argument, the judge issued an Opinion and Order incorporating essentially all of our arguments and granting the Motion to Dismiss.

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