BakerHostetler Team Secures Motion to Dismiss in Case Against the Court-Appointed Guardian of Artist Peter Max

News / March 8, 2023

Representing Barbara H. Urbach Lissner, the court-appointed guardian of psychedelic and pop artist Peter Max, Partners Oren Warshavsky, Tatiana Markel and Michelle Usitalo have secured a motion to dismiss the entirety of the complaint made against Lissner by the artist’s daughter, Libra Max. 

Libra Max has repeatedly sought to gain guardianship of the artist despite Peter Max’s request for an independent guardian.

In this case, the plaintiff sued the defendant for intentional and/or reckless infliction of emotional distress, violating the New York anti-SLAPP law prohibiting strategic lawsuits against public participation, and violating New York Judiciary Law § 487 through misconduct. The court found that Libra Max’s claims could not be sustained.

Warshavsky, Markel and Usitalo moved to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim, and the motion was granted by the U.S. District Court for the Southern District of New York on March 3, 2023.