March 12, 2010
Dismissal Of Malpractice Case Against Former Corporate Counsel Affirmed
The Nebraska Supreme Court affirmed the dismissal of legal malpractice and related claims brought against the former attorney of a company that performed radiology services. The attorney was corporate counsel to Radiology Services from 1995 to 2003. Her father was a senior official of the company and there was concern that he had a drinking problem. After he left the company, the father sent letters to entities that did business with the company and it was alleged in this lawsuit that three clients stopped doing business with the company after the letters were received.
The complaint alleged that the attorney had improperly assisted her father in retirement negotiations with the company (he was the president at the time) and had misused the company's confidential trade secrets.
The court found that the trial court had properly concluded that, viewed in the light most favorable to the company, there was insufficient evidence to establish legal malpractice or misuse of trade secrets by the company's former counsel. (Mike Frisch)
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