Ex-Client Too Late to Sue Astor Weiss, Judge Says
A Philadelphia judge tossed a suit alleging an Astor Weiss Kaplan & Mandel attorney mishandled a telecom company's $17 million dispute because it was filed outside of the statute of limitations, according to an opinion filed by the court.
July 11, 2017 at 02:44 PM
3 minute read
A Philadelphia judge tossed a suit alleging an Astor Weiss Kaplan & Mandel attorney mishandled a telecom company's $17 million dispute because it was filed outside of the statute of limitations, according to an opinion filed by the court.
Last month, Philadelphia Court of Common Pleas Judge Patricia McInerney dismissed the legal malpractice suit against Astor Weiss attorney William Mark Mullineaux, finding that the claims had not been made within the statute of limitations. On Monday, McInerney issued a 10-page opinion outlining her reasoning behind dismissing the suit, and asking the state Superior Court to uphold her ruling.
According to the opinion, the plaintiff, Communications Network International, retained Mullineaux in 2001 after it was sued for breach of contract in Pennsylvania federal court by MCI WorldCom Communications. The crux of the malpractice claims stem from Mullineaux's alleged failure to properly plead a counterclaim involving “slamming,” which is the theft of telephone customers, and his alleged failure to timely appeal an unfavorable ruling.
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