May 8 2017

Courtroom Success 2017-15: Morrison Mahoney Partner Phil Hirshberg & Associate David Bastian

Morrison Mahoney Partner Phil Hirshberg and Associate David Bastian obtained summary judgment in a complex professional malpractice case.

The plaintiff sued our client claiming she had mishandled IOLTA funds. Specifically, the plaintiff alleged that our client received funds from a settlement and improperly disbursed the proceeds to her family members to avoid paying a corporate debt. The plaintiff claimed that our client’s conduct cost her company over $2 million in added expenses.

Phil and Dave argued that the claim was barred by the relevant statute of limitations because the plaintiff was on notice of our client’s potential alleged misconduct as the result of pleadings in a separate case litigated in Seattle, WA. The Court agreed. In a seven-page memorandum and order, the judge adopted Phil and Dave’s reasoning and rejected the plaintiff’s arguments that the continuing representation doctrine and the adverse domination doctrine also tolled the statute of limitations.

Practice Areas

Appellate Legal Malpractice

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