Legal Malpractice

More Patent Law Legal Malpractice News

By (Andrew Lavoott Bluestone)

Yesterday we reported on a Nebraska case in which it was found that simply because a legal malpractice case came from a patent matter, it was not a federal question, sufficient for US District Court jurisdiction.

Now, hot on the heels, is this case: Singh v. Duane Morris, No. 07-20321.  We'll get the decision, but for now, here is the article in which a state court action was removed to Federal District Court, and then dismissed under summary judgment.  Now the Circuit has reversed, remanded and remanded to state court. 

"The 5th U.S. Circuit Court of Appeals has thrown out a summary judgment win for Duane Morris in a lawsuit alleging that one of the law firm's partners bungled a trademark infringement case involving an LSAT test-prep company.

The three-judge panel found on July 30 that the federal district court lacked subject-matter jurisdiction in granting summary judgment to the law firm, after deciding that the state law malpractice claim did not arise from the federal trademark law and therefore was not properly in federal court.

The decision means that the plaintiff could revive the case in state court "

Full post as published by New York Attorney Malpractice Blog on August 06, 2008 (boomark / email).