Declaratory Judgment Lawsuit Against Licensed Property Location Service Dismissed.
We obtained a dismissal of a declaratory judgment action against our clients, a national firm and its principal, who specialize in identifying and reclaiming lost property for consumers, who do not realize such lost property exists. Plaintiff brought this declaratory judgment action on the heels of plaintiff’s having suffered a smarting defeat in an attempted class action lawsuit against our clients. In that underlying litigation, the lower court dismissed plaintiff’s lawsuit twice and the Third Circuit affirmed the lower court’s dismissal. Plaintiff brought this action to preempt any attempts by our clients to someday bring a Dragonetti claim against plaintiff for filing the class action lawsuit in the underlying litigation without probable cause. We filed a motion to dismiss plaintiff’s declaratory judgment action, asserting that Plaintiff’s lawsuit was improper because it was asking the Court to make a decision on an issue that had not yet arisen. The Court granted our motion and soundly rejected Plaintiff’s claims, issuing an opinion that decisively stated “no amendment would save [plaintiff’s] Amended Complaint.” The lawsuit against our clients was dismissed with prejudice.