Law Firms
Appeals Court Vacates Ruling for Duane Morris in Malpractice Case
Posted Aug 1, 2008, 12:12 pm CST
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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