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Appeals Court Vacates Ruling for Duane Morris in Malpractice Case

Posted Aug 1, 2008, 01:12 pm CDT
By Debra Cassens Weiss

A ruling by a federal appeals court clears the way for a plaintiff to pursue a malpractice suit against Duane Morris in state court.

The New Orleans-based 5th U.S. Circuit Court of Appeals ruled that a federal judge lacked jurisdiction to grant summary judgment to the law firm, since a plaintiff’s malpractice claim was grounded in state law, the National Law Journal (sub. req.) reports.

The plaintiff had contended a Duane Morris partner mishandled the representation of an LSAT prep company in a trademark infringement case. Duane Morris had removed the case to federal court because it involved questions of federal trademark law, and a federal judge granted summary judgment for the firm.

The appeals court opinion (PDF) said the federal issue was insubstantial and vacated the federal judge’s decision.

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Title: Appeals Court Vacates Ruling for Duane Morris in Malpractice Case


Comments

  1. Posted by Brett Kelts - 2 months, 1 week, 3 days, 2 hours, 36 minutes ago

    There’s a lot of interesting information on the subject a the website:

    http://duanemorriscommitsmalpractice.com

  2. Posted by Filk Bahr - 2 months, 1 week, 20 hours, 43 minutes ago

    UNbelievable!  I read full story at malprractice web site.  Such terrible injustice for TestMasters.  How many more students have been swindled by imposter company because of incompetence of Duane Morris lawyer?


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