Malpractice In IP Cases Not Always Federal: 5th Circ.

Law360, New York (August 1, 2008, 12:00 AM EDT) -- A federal appeals court has thrown out a state-law malpractice lawsuit against Duane Morris LLP for lack of jurisdiction, saying the fact that the alleged malpractice occurred in a federal trademark suit does not automatically make the case federal.

On Wednesday, the U.S. Court of Appeals for the Fifth Circuit vacated the judgment of a federal trial court in the U.S. District Court for the Southern District of Texas, which had dismissed the malpractice claim, saying the case does not belong in federal court.

Robin Singh...
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