Lewis and Boyd Score Victory in Second Circuit Appeal

November 29, 2021 | Appeals

Shari Claire Lewis and J’Naia L. Boyd obtained victory in a legal malpractice case at the United States Court of Appeals for the Second Circuit, with the Court upholding the Rule 12(b)(6) dismissal of the plaintiff’s action in its entirety. The plaintiff commenced the action for legal malpractice against the defendants, alleging that they failed to properly represent him in a probate proceeding. Plaintiff alleged that he was the sole beneficiary of an estate allegedly worth $40 million under a 2006 will and that the will was not accepted to probate because the defendants failed to represent him at a court hearing. The Second Circuit agreed with the arguments made by Lewis and Boyd that the plaintiff failed to state a legal malpractice claim against our client because appearance at the probate proceeding fell outside the scope of the limited engagement agreements.

The Second Circuit further rejected the plaintiff’s contention that he should be allowed to amend his complaint for a third time, concluding that any further amendment would be futile. Boyd successfully argued the appeal before the Second Circuit with Lewis.

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