Regular readers of Minnesota Litigator will be familiar with the slugfest of Michael Afremov v. Sulloway & Hollis, et al., and, in particular the pounding that defendants have been taking in skirmish after skirmish as this attorney malpractice lawsuit plods through discovery toward trial some time next year.
This week, defendants lost again, on a motion to dismiss the Fourth Amended Complaint. The Court, however, denied plaintiff’s motion for sanctions in its response to this latest motion to dismiss (the court’s order is here) Could the tide be turning? Plaintiff presumably hopes not, of course, and, in particular is hoping to up the ante significantly with a motion to amend to add a claim for punitive damages. The motion was filed this week, to be argued in January, 2012.