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Rogers and Kingma Win Summary Judgment in Legal Malpractice Claim Arising From Prominent Divorce

September 10, 2018

Mark Rogers and Joe Kingma won summary judgment for a lawyer in a malpractice suit arising from an ugly, big-dollar, high profile divorce, which had been extensively covered in the national media.  The claim arose from the division of a portfolio of highly appreciated assets, their capital gains implications, and the margin debt included in the portfolio.  Mark and Joe sought summary judgment, arguing that (1) plaintiff failed to show a causal relationship between the claimed misconduct and any resulting damages, (2) plaintiff failed to show that she would have obtained a better result at trial, and (3) plaintiff failed to show that she could have obtained a better settlement of her claim.  The Court agreed and granted the motion.  After learning of the Court’s intent, Plaintiff attempted to dismiss the case, but the Court disallowed the dismissal because the judge’s request for an order granting the motion was sufficient to put plaintiff on notice that the Court was ruling in favor of the defendants.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.