KBR congratulates Rebecca Rychik on securing two pre-answer dismissals for the same Forensic Psychiatrist, one in the Southern District of New York and the other in New York State court.
Both actions arose from our client’s court-appointed role to evaluate children in custody proceedings. Rebecca successfully argued that quasi-judicial immunity applied and that the complaints failed to state a cause of action, as no physician-patient relationship existed and no duty of care was owed.
In the federal case, the court found there was no subject matter jurisdiction, as the claims were all relating to child custody matters. In the State court matter, the court agreed that the Psychiatrist was protected by the doctrine of quasi-judicial immunity. Additionally, the court found that the plaintiff failed to successfully plead the other causes of action for common law fraudulent misrepresentation and intentional infliction of emotional distress.
