Judge Nixes Bingham's Bid for a Court Finding Precluding Malpractice Suit by LA Dodgers Owner
In an unusual pre-emptive strike, Bingham McCutchen filed suit in Massachusetts earlier this year, seeking a declaratory judgment that apparently could have precluded a former client, Los Angeles Dodgers owner Frank McCourt, from suing for malpractice over a botched marital property agreement.
But a state-court judge in Boston nixed the strategy today, holding that it was up to McCourt, as the potential plaintiff, to decide whether to file suit and, if so, where, reports the Dodgers Blog of the Los Angeles Times.
“To permit the reversal of roles in a negligence action and allow [Bingham] to sue first would upset the traditional right that our judicial system gives to the injured plaintiff to choose when and where to litigate,” said Suffolk County Superior Judge Janet Sanders in a written opinion.
A Bingham spokesman said the firm is disappointed and will consider its options.
Earlier coverage:
ABAJournal.com: “Bingham Seeks Court Ruling That Firm Met Its Obligations to Ex-Client, LA Dodgers Owner McCourt”
ABAJournal.com: “Frank McCourt Says His Legal Malpractice Claim Could Be Worth Hundreds of Millions of Dollars”
