Motions to Overturn $5 Million Verdict in Legal Malpractice Suit Against Morgan & Morgan Denied
Circuit Court Judge Frederick Mercurio denied several motions submitted by Morgan & Morgan's legal counsel to vacate or otherwise minimize the amount of damages owed to a former client. The plaintiff's attorney, Donald St. Denis has submitted a motion seeking more than $1.5 million total in attorney fees and costs.
December 07, 2018 at 05:16 PM
3 minute read
A Sarasota judge has ruled against Morgan & Morgan's motions to minimize a $5 million jury verdict laid at the nationwide law firm's feet.
Circuit Court Judge Frederick Mercurio denied three filings submitted by Morgan & Morgan's legal counsel on Monday. The separate motions — a renewed motion for directed verdict and/or judgment notwithstanding the verdict, a motion for a new trial or new trial on damages, as well as an alternative motion for remittitur — sought to reduce the damages or nullify a jury's finding that Armando Lauritano, a Tampa-based attorney with the firm, improperly filed a claim and caused former clients to lose out on millions of dollars' worth of damages.
Jacksonville lawyer Donald St. Denis represented the plaintiffs in their legal malpractice suit against Lauritano and the firm. The attorney told the Daily Business Review he felt validated by the judge's rulings.
“[Morgan & Morgan] has taken in 17,000 cases a month and got 440 lawyers. You can't do that!” St. Denis said. “You've got to deal with the people. People have problems and people need things taken care of.”
The lawsuit against Lauritano and Morgan & Morgan was brought by Shawna Pollock along with her husband, Rock. The Pollocks alleged Lauritano mishandled their claim against an obstetrics practice, nurse midwife and hospital for causing injuries to Shawna and the couple's son, Rock Jr., during birth.
On Thursday St. Denis filed a motion to tax fees and costs against the defendants.
“We're now filing for sanctions of over $1.2 million in attorney fees and more than $400,000 in costs — we offered to settle a couple of different times with them and they never would,” he said, referring to the plaintiff's Aug.19, 2016, and Jan. 17, 2018, proposals for settlement.
Read the motion for attorney fees and costs:
John Morgan, the firm's founder, said “this case is a long way from over” in a statement to the Daily Business Review.
“We defended this case because we think we are right,” Morgan said. “And we will continue fighting it because we still believe we are right. We fully expect to win outright on appeal and have a judgment in our favor entered by the appellate courts.”
The litigators listed as the firm's legal representatives in the matter — Dinah Stein of Hicks, Porter, Ebenfeld & Stein in Miami, Thomas Saieva of La Cava & Jacobson in Tampa and Morgan & Morgan's own Scott Whitley — did not respond to requests for comment by press time.
St. Denis said he remained confident the verdict would withstand further legal challenges.
“You can't be a factory, you've got to take care of clients,” he said of Morgan & Morgan's legal operation. “You can't teach hungry, but you've got to teach responsibility.”
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'So Many Firms' Have Yet to Announce Associate Bonuses, Underlining Big Law's Uneven Approach
5 minute readElite Boutiques Competing More With Big Law Bonuses, With Several Going Above Market
9 minute readSteptoe Offers Associates New Flexible Billable Hour Tracks in Revamped Comp System
4 minute readLaw Firms Are In a Strong Spot, But Their Continued 'Growth Mindset' Comes With Challenges
5 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250