The Pennsylvania Superior Court has reinstated a legal malpractice claim by labor union leader John Dougherty against Pepper Hamilton, hinging its ruling on the unanswered question of just how public an inadvertently unsealed Pacer document really is.
Dougherty sued Pepper Hamilton for breach of its fiduciary duty, arguing the firm used information it gleaned about Dougherty during its representation of him a decade ago in the firm’s defense of The Philadelphia Inquirer in a defamation suit Dougherty brought against the paper in 2009.
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