Morgan Lewis Professional Liability Case Revived

/ 24.Apr, 2012

The Federal Circuit Court of Appeals has breathed new life into a decade old legal malpractice and fraud action against Morgan Lewis.  The action involves an incorrectly filed patent application for a type of electronic billboard.  A Federal District Judge in California had granted a motion for summary judgment on statute of limitations grounds, but that has been overturned by the three judge Circuit Court of Appeals panel.  The panel found that the statute of limitations for legal malpractice had expired, but the fraud claim (for covering-up the malpractice) was tolled under California’s equitable tolling law during a period the case had been pursued in state court and had not expired.

Josh J.T. Byrne, Esquire