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.
Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom LLP and Steven K. Terry is a case 20 years in gestation and now headed to a third trial after the supreme court ruled on an alleged conflict over assignment of a legal malpractice claim.
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