Texas Supreme Court Chief Justice Nathan Hecht attending the confirmation hearing of Jeffrey Brown, to be U.S. District Judge for the Southern District of Texas, before the Senate Judiciary Committee, on Wednesday, April 10, 2019. Photo: Diego M. Radzinschi/ALMLegal Malpractice: Texas Supreme Court OKs 'Pernicious Distortion of Positions'
The Texas Supreme Court approved a plaintiff's use of a strategy opposite the one used in a real estate fraud trial to pursue a claim against its former attorney.
January 02, 2025 at 05:46 PM
4 minute read
What You Need to Know
- The Texas Supreme Court held a plaintiff could assign a legal malpractice claim in bankruptcy.
- In addition, the court said the plaintiff could use a strategy opposite that it relied on in the underlying case.
- Justice Jane Bland dissented in part, arguing the facts do not support sending the case back for a third trial.
The Texas Supreme Court approved a plaintiff's use of a strategy opposite the one used in a real estate fraud trial to pursue a claim against his former attorney.
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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.
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