Attorney Killeen and Attorney White successfully obtained summary judgment on all claims asserted against their client, Northpoint Engineering, LLC, in a complex commercial lawsuit pending in Merrimack County Superior Court. The case involved a contentious real estate transaction involving commercial property in Concord, New Hampshire. Northpoint was retained by the property buyer to perform due diligence on the real property. In the course of doing so, Northpoint discovered the seller had improperly filled in a water treatment and detention basin and assisted the buyer in assessing the seller’s restoration work to bring the property into compliance.
Thereafter, the seller sued Northpoint, and others, for its involvement in the transaction, claiming it had conspired to defame the seller and intentionally interfered with its contractual relationship with the buyer. Following voluminous paper discovery and depositions, Attorney Killeen successfully briefed and argued summary judgment on behalf or Northpoint. In a detailed written order, the Court dismissed every claim against Northpoint. The Court held that Northpoint’s communications regarding the property and seller were substantially true and therefore not actionable as defamation. The Court found that Northpoint acted appropriately in performing engineering due diligence and raising legitimate compliance concerns with municipal officials, rejecting claims of improper interference. Because no underlying tort survived, the Court also dismissed the remaining civil conspiracy claim against Northpoint.
The decision represents a complete defense victory for Northpoint Engineering, LLC and demonstrates the effectiveness of Attorney Killeen’s and Attorney White’s strategic motion practice and ability to obtain decisive results in technically complex commercial and professional liability litigation.
