NEW ORLEANS (Legal Newsline) – A consulting firm sued by mass tort lawyers is urging a federal judge to throw out the case, arguing they failed to make specific allegations in their lawsuit.
Kurtzman Carson Consultants filed its motion to dismiss July 6 in New Orleans federal court in the case brought by the Dugan Law Firm, which is contesting a $2.5 million invoice sent by Kurtzman.
Dugan had hired Kurtzman in 2015 to assist with client intake and retention, client communication, medical record retrieval and review, plaintiff fact sheet (PFS) completion and filing, discovery assistance, settlement negotiation, lien resolution, and funds disbursements for mass tort litigation
Years later, there were discrepancies between the parties. Dugan paid a $31,000 “break-up” fee in 2019 and paid $480,000 more to Kurtzman by February 2021, Dugan’s lawsuit says.
The most recent bill is the source of the seven-figure litigation. The Dugan firm practices in mass torts like talcum powder and ear plugs, among other areas.
Kurtzman says the Dugan firm failed to sue the appropriate party – KCC Class Action Services.
“(W)hile Plaintiff incorrectly alleges that it entered into an agreement with Kurtzman, the agreement at the center of this action is the contract between Dugan and KCC,” the motion says.
“Against this backdrop, it is unclear why Plaintiff named Kurtzman as the defendant instead of KCC. What is clear, however… is that the petition fails to state a claim against Kurtzman upon which relief can be granted.”
If the complaint is not dismissed, the Dugan firm should be ordered to amend its case “to provide a more definite statement of its claims against Kurtzman,” the motion says.