Otto v. Catrow Law, PLLC (Signed Opinion)
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In this case arising from a phishing/spoofing scheme that caused Plaintiffs to lose $266,069 the Supreme Court affirmed the decision of the circuit court denying Plaintiffs' motion to alter or amend its previous grant of summary judgment in favor of Defendant, holding that Plaintiffs were unable to establish that Defendant breached any duty owed to them.
Plaintiffs made an offer on real estate, which was accepted. Plaintiffs intended to pay in cash. To handle the closing, Respondent was retained. Respondent sent wiring instructions for the settlement funds to Lynn Frum, Plaintiffs' real estate agent. Before the closing, an email purportedly from Frum's email address to Plaintiffs started a series of emails between Plaintiffs and the scammer. However, the email address was not the same email address from which the email from Frum was sent that day. Plaintiffs instructed their bank to transfer funds from their account to the scammer's account. When it became apparent that Plaintiffs were victimized by a scammer, they brought suit, alleging legal malpractice. The circuit court granted summary judgment for Respondent. The Supreme Court affirmed, holding that Plaintiffs did not establish that Respondent neglected a reasonable duty.
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