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A medical malpractice dispute between Dr. Michael D. Kotler and New Jersey law firm Porzio Bromberg & Newman PC will be relocated from Louisiana to New Jersey, following a joint motion filed Monday in federal court seeking a venue transfer to the District of New Jersey.

The agreement, submitted to the U.S. District Court for the Eastern District of Louisiana, marks a shift in the legal battle that began earlier this year. As part of the deal, Porzio Bromberg also agreed to withdraw a previously filed motion to dismiss the claims for lack of jurisdiction.

Origin of the Dispute: Allegations of Legal Malpractice

Kotler, a physician and former head of RemoteMD, originally filed suit in Jefferson Parish, Louisiana state court in February. He alleges that Porzio Bromberg and firm principal Deirdre R. Wheatley-Liss failed to provide adequate legal counsel during a business transaction that ultimately led to the collapse of his medical practice and his personal bankruptcy.

Kotler accuses the firm of pulling him into a conflicted deal without obtaining a conflict waiver, and of concealing key contracts and email communications. His complaint includes causes of action for legal negligence, breach of contract, and breach of fiduciary duty.

Jurisdictional Dispute and Motion to Dismiss

After removing the case to federal court in May, Porzio Bromberg quickly filed a motion to dismiss, arguing that the firm had no jurisdictional ties to Louisiana. In their June filing, the firm contended that:

• It has no physical presence or operations in Louisiana

• All work was performed from New Jersey or Houston

• The only relevant out-of-state activity was a single board meeting held in Houston related to Kotler's business

The defense emphasized that Porzio’s interactions with Kotler’s company — a Delaware-registered LLC — did not confer personal jurisdiction upon the Louisiana court.

Joint Motion to Transfer: A Practical Resolution

Following jurisdictional discovery, both sides agreed that New Jersey is the appropriate forum for the case. In their joint transfer motion, the parties cited several factors supporting the move:

"The interest of justice is served: because all parties consent to the venue of United States District Court for the District of New Jersey; because the parties agree that, and all facts known to the parties suggest that, the United States District Court for the District of New Jersey has jurisdiction; because there is greater access to witnesses and evidence in New Jersey; because the New Jersey District Court for the District of New Jersey is less congested; and because no parties’ rights would be prejudiced by the transfer."

Additionally, Porzio Bromberg and Wheatley-Liss acknowledged that the motion to dismiss would become moot upon transfer, making further litigation in Louisiana unnecessary.

Plaintiff's Position: Keep Claims Intact

In a separate memorandum filed Monday, Dr. Kotler reinforced his opposition to dismissal, reiterating that although he agreed to transfer the case, the court should not interpret that as support for dismissing the claims. He asked the court to approve the venue change while preserving all allegations.

Legal Representation

• Dr. Michael D. Kotler is represented by:

  • Stephen M. Gelé, Salvador I. Bivalacqua, and Medlock M. Harbison of Bivalacqua Gelé & Ellis.

• Porzio Bromberg & Newman PC and Deirdre R. Wheatley-Liss are represented by:

  • Melissa M. Lessell and Casey B. Wendling of Deutsch Kerrigan LLP.

As of Tuesday, counsel for both parties had not responded to requests for comment.

Case Details

• Case Name: Dr. Michael D. Kotler v. Porzio Bromberg & Newman PC et al.

• Case Number: 2:25-cv-00978

• Court: U.S. District Court for the Eastern District of Louisiana (to be transferred to District of New Jersey)