Lawsuit Against Legal Process Outsourcing, Newman McIntosh & Hennessey vs. Bush, Is Withdrawn
13 days after Acumen Legal Services filed its motion to dismiss the lawsuit against legal process outsourcing to India, filed by a Maryland law firm in the Washington D.C. federal court, the plaintiff law firm, rather than respond to Acumen's motion, has withdrawn its case. Confronted with the motion to dismiss, which was drafted by a team of Indian lawyers at SDD Global Solutions in Mysore (with further assistance from the team at Acumen Legal Services), the plaintiff U.S. law firm requested consent to further amend its complaint and expand the case into a class action on behalf of multiple U.S. law firms. The day after that consent was refused, the plaintiff withdrew the lawsuit, asserting that the plaintiff firm was being dissolved.
UPDATE:
Joseph Hennessey, the lead lawyer in the case, has posted a comment on this blog, announcing the preparation of a new lawsuit. Hennessey now says he's busy hunting for "those who have been victimized by the use of foreign legal process outsourcers," so he can file "an action for damages on a class wide basis." But judging from the first "example" he says he's found, where Indian doctors allegedly were used to assist in a surgery that "went horribly wrong," it looks like he still has more plaintiff-searching to do. If anybody can see a connection between this allegedly botched surgery and legal outsourcing, please let us know!
Joseph Hennessey has joined John J. Beins and Seth D. Goldberg who have significant expertise in litigating consumer class action lawsuits -- as well as other business litigation. John Beins, Seth Goldman, Anthony Newman, Ernie McIntosh and I will be combining our various areas of expertise to identify those who have been victimized by the use of foreign legal process outsourcers. Collectively, we decided that rather than litigate an academic declaratory judgment action, we would bring an action for damages on a class wide basis. We have, for example, already heard a person who believes their HIPAA rights were violated when Indian doctors were video-conferenced to consult and make recommendations about a surgical procedure -- a procedure that went horribly wrong. Not only did this person not consent to consultation, but all of this persons private medical records were transferred to these Indian-based doctors -- a transfer that violated her HIPAA rights.
So, stay tuned -- we are not at the end of this issue, we are at the beginning.
Posted by: Joseph Hennessey | September 02, 2008 at 09:08 PM
Hi Russell,
Congratulations! This was a closely watched suit by the Indian LPO Industry.What is your comment on Joe's email posted at http://ridethelightning.senseient.com/2008/09/newman-fires-ba.html
Posted by: Ravi | September 04, 2008 at 12:08 AM
The withdrawal of the anti-outsourcing suit is a landmark victory for the pro-outsourcing people around the globe. Now we are relly interested to watch the new show of Mr.Joseph Hennessey who is busy hunting for "those who have been victimized by the use of foreign legal process outsourcers," so he can file "an action for damages on a class wide basis." lets wait and watch.
Posted by: sanjay kumar | September 08, 2008 at 03:24 PM