$13M Malpractice Suit V. Lewis Brisbois Stays Alive

Law360, New York (July 22, 2010, 5:06 PM EDT) -- A California appeals court has declined to toss Kmart Corp.'s $13 million malpractice suit against Lewis Brisbois Bisgaard & Smith LLP, rejecting the firm's contention that the complaint, which claims the firm breached loyalty by representing an insurer looking to avoid covering underlying employee injury claims, attacked its legally protected right to represent clients in lawsuits.

While Kmart did challenge Lewis Brisbois in part for representing an insurer with interests adverse to its own, the crux of the allegations lay in its alleged breaches of duty,...
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