Legal Malpractice

New Trial in Tae Bo Legal Malpractice Case

By (Andrew Lavoott Bluestone)

The National Law Journal reports that an Appellate Court has reversed and remanded a $30 million legal malpractice case against the law firm Seyfarth Shaw based upon issues of jury instructions. "Blanks  filed a legal malpractice lawsuit against Seyfarth Shaw and Lancaster, alleging that the attorney's failure to file the action on time before the labor commissioner caused Blanks to lose millions. In addition, Blanks asserted that [his accountant] Lancaster purposely delayed filing in order to generate fees. "

"Seyfarth Shaw will get a new trial in a legal malpractice case brought by the creator of a popular exercise program, who won a $30 million verdict against the law firm in 2005.

A California state appeals court has thrown out a jury verdict, which found that the Chicago-based law firm committed malpractice when one of its lawyers representing Tae Bo creator Billy Blanks failed to file court papers on time in the right venue.

The Feb. 20 decision from the California Court of Appeal Second District remands the case back to the lower court. It calls for the lower court to change the instructions it gave the jury related to how much Blanks could recover for the firm's alleged wrongdoing.

Seyfarth Shaw Chairman Stephen Poor said in a written statement that the firm "look[ed] forward to being fully vindicated in this matter."

Blanks' attorney, James R. Rosen, called the decision "a major disappointment," but he said that the overriding conclusion regarding the law firm's malpractice remained intact. "
 

Full post as published by New York Attorney Malpractice Blog on February 25, 2009 (boomark / email).