Investors Fight To Keep Fraud Claim Against Va. Attys

Law360 (February 13, 2020, 4:07 PM EST) -- Two business partners accusing Virginia-based Kaplan Voekler Cunningham & Frank PLC of malpractice urged a Florida federal court Wednesday to let their fraud claim against two of its attorneys proceed, arguing that fraud exists as a tort separate from legal malpractice.

Plaintiffs Philip Kurlander and Edwin M. Stanton fought to keep their fraud claim alive against lawyers Robert R. Kaplan and Robert R. Kaplan Jr., who argued it should be tossed because it hinges on their conduct as attorneys.

But Kurlander and Stanton said Virginia law recognizes fraud as a separate tort and said their complaint identifies numerous instances in which...

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