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: Legal Pad | LA

Court of Appeals will not throw out malpractice case against Lewis Brisbois

By Richard Binder

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The California 2d District Court of Appeal affirmed a trial judge's denial of Lewis Brisbois Bisgaard & Smith's bid to throw out a $13 million legal malpractice case brought by former client Kmart Corp.

The firm had proposed that the action should be stricken under the "anti-SLAPP" statute, a California law that prohibits so-called strategic lawsuits against public participation. But the three-judge panel concluded that Lewis Brisbois had not shown that Kmart's lawsuit related to any of the firm's protected activity, such as free speech or pursuit of an action to recover for a grievance.

Judge Laurie Zelon, writing the 16-page opinion for the court, found Lewis Brisbois' argument was "internally inconsistent." She awarded costs to Kmart.

Full story at NLJ.com.

Full post as published by Legal Pad | LA on July 22, 2010 (boomark / email).

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