Attorney obtained a dismissal of a legal malpractice action
Attorney obtained a dismissal of a legal malpractice action. The attorney argued that the defendant attorney, who represented a judge and his wife in custody and visitation matters in Superior Court, was not a state actor for the purpose of jurisdiction in the federal action. The district court judge entered an Opinion and Order finding that the court lacked jurisdiction over the matter because the attorney, and his former client, a retired judge, were not state actors and, therefore, could not have acted under color of state law. Also, the federal court found that plaintiffs' concerns about bias were unfounded.