Malpractice Suit Revived Despite Ex-Client's Discovery Lapses

Law360 (October 27, 2020, 5:58 PM EDT) -- A Pennsylvania Superior Court panel revived a malpractice suit against law firm Moore Becker PC over its allegedly faulty representation of a woman seeking Social Security disability benefits, ruling that the lower court went too far in tossing her long-running suit as punishment for discovery violations.

In a nonprecedential decision, the three-judge panel said while Myrna Cohen did act in bad faith by missing four deposition hearings in her suit against the firm, the lower court's decision to dismiss the case was not in line with Cohen's last-minute cancellations over a two-month period.

"Although [Cohen's] contravention of court orders and dalliance...

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