Bingham Can't Strike Dodgers Owner's Malpractice Claims

Law360, New York (August 18, 2011, 10:31 PM EDT) -- Bingham McCutchen LLP lost its bid Thursday to preemptively strike Los Angeles Dodgers owner Frank McCourt's malpractice claims when a Massachusetts judge tossed the firm's suit claiming it acted properly when drafting a marital agreement that could cost McCourt control of the bankrupt team.

Suffolk County Judge Janet L. Sanders granted McCourt's motion to dismiss the suit, saying that the declaratory judgment procedure had never been used in the state to allow a party accused of a tort to preemptively sue the alleged victim.

"There is...
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