Motion to Strike and Motion for Summary Judgment Granted in Part
Pete Werdesheim, John Bunyan, and Joe Kingma obtained partial summary judgment and succeeded in striking one of the plaintiff’s experts in a legal-malpractice action in the United States District Court, Southern District of Georgia. In short summary, the plaintiff contended that Carlock Copeland’s clients failed to timely file a personal-injury action against a railroad under the FELA. The underlying action was dismissed under the statute of limitations. But in a 43-page order entered March 17, 2011, Judge J. Randal Hall struck one of the plaintiff’s experts and granted partial summary judgment to Carlock Copeland’s clients on grounds that the plaintiff failed to establish a jury issue as to whether he would have prevailed in the underlying action. The case will proceed to trial on the plaintiff’s remaining claim of breach of fiduciary duty.