In their opposition filed Nov. 27, Fernandez and Taffuri contended that Fox Rothschild failed to address key allegations in their complaint, particularly regarding the firm’s 2023 retainer agreement. They maintain that Deener and the firm breached their duty by failing to provide adequate legal support under this agreement, including Deener’s refusal to provide a certification about the trust and deed during related litigation.
Key Points of Contention
While Fernandez and Taffuri acknowledged that the main allegations focus on Deener’s actions before joining Fox Rothschild, they argue this does not absolve the firm of liability for its work in 2023. The siblings assert that their claims involve breaches of the firm’s retainer agreement and professional obligations.
“There are material issues of fact remaining,” the siblings stated, insisting it is too early for the court to grant summary judgment in Fox Rothschild’s favor.
