Friday, August 17, 2007

Malpractice Award Reinstated

A client sought advice from a law firm about ending his business relationship with a partner and their lottery business. As a result of the advice, the client was sued for breach of fiduciary duty and found liable. He then sued the law firm for malpractice and obtained a 1.6 million dollar judgment, which was vacated in part and reduced by the trial court.

On appeal, the Nebraska Supreme Court reinstated the jury verdict and full judgment. The court rejected claims that the statute of limitations had run, that there was no proximate cause and that the allegedly negligent advice involved an unsettled point of law. (Mike Frisch)

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