Chicago-Hub Partner John P. Lynch Jr. and Associate Brendan Zdunek filed dual motions to dismiss arguing that the court lacked personal jurisdiction over the New Jersey religious center and that the complaint failed to state a cause of action. Both motions were granted, leading to the dismissal of the case with prejudice against the New Jersey religious center.

Overview of the Case

• A legal action was filed by an adult woman alleging sexual abuse by a monk (Swami) associated with the Chicago affiliate of a global Hindu religious sect. 
• The complaint included over 250 paragraphs and spanned more than 30 pages, targeting the Chicago, California, and New Jersey religious centers, along with two Swamis from the Chicago and California locations. 
• The plaintiff held several high-level leadership positions in the Chicago center during the alleged period of abuse, which she claimed occurred solely at that location.

Key Difference-Makers

• John P Lynch — Partner 
• Brendan Zdunek — Associate

Claims Made Against Our Client

• The plaintiff pursued negligence, intentional misconduct, and other miscellaneous liability theories against all defendants. 
• She asserted that the religious centers were essentially the same entity and should be responsible for each other's conduct, despite being separate corporations, created at different times by different Swamis, and operated by distinct boards.

Defensive Strategy 

• Filed dual motions to dismiss, arguing that the court lacked personal jurisdiction over the New Jersey center due to no common ownership, intertwined leadership, or intermingled finances between the Chicago and New Jersey locations. 
• Asserted that New Jersey had no presence in Illinois to justify being brought to court there. 
• Moved to dismiss the complaint, arguing it failed to set forth a cause of action against the New Jersey center. 
• Both motions were granted, leading to the dismissal of the case against the New Jersey center with prejudice.

Impact on Final Outcome 

• The court granted both motions to dismiss, ruling that it lacked general and specific personal jurisdiction over the New Jersey defendant. 
• The court also found that the plaintiff's complaint failed to establish any cause of action against the defendants. 
• While the dismissal did not affect the New Jersey center due to the jurisdictional ruling, it benefited the remaining defendants who had adopted the motion.

Predicting the Future

• The plaintiff amended the original complaint three times, attempting to establish jurisdiction and properly allege causes of action. 
• After each amendment, tailored motions were filed that reiterated the essential arguments. 
• The handling of this case exemplifies the tenacity and thorough representation provided to clients.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.