Advertising Disclosure Email Disclosure

Legal Malpractice Lawsuit Dismissed

Won dismissal of a legal malpractice lawsuit based on an underlying civil rights and RICO case. The owner of a restaurant claimed that, after he gave a smaller discount than usual to an inspector for the Department of Agriculture, she retaliated by using her official powers to shut down the restaurant and drive it out of business. After that case was dismissed on summary judgment, the plaintiff and his corporation sued each of his lawyers for malpractice in the form of negligence and breach of contract. In a nine-page opinion, the Philadelphia Court of Common Pleas agreed with the defense that the plaintiff's negligence claim was barred on its face by the statute of limitations; the individual plaintiff could not have prevailed on the underlying RICO claim because there were no predicate acts; the individual plaintiff suffered no harm personally; and the corporation could not sustain a breach of contract action itself because the defendant lawyer never represented the corporation. Thus, the court granted the defense's preliminary objections and dismissed the claims with prejudice.

Practice Group Contact


Related Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."