Lewis Brisbois Can’t Use SLAPP Law as Shield Against Ex-Client’s Malpractice Suit

July 22, 2010 By Editor Leave a Comment

Source: ABA Journal Top Stories
A law firm known for its insurance expertise has arguably now made a bad situation worse–twice–by litigating insurance-related issues. Sued for malpractice by ex-client Kmart Corp., Lewis Brisbois Bisgaard & Smith invoked the protection of a California civil rights statute, contending that its effort to seek a declaratory judgment on behalf of another client fell within the arena of safeguarded public participation, reports the National Law Journal. But a state appeals court wasn’t persuaded, not only nixing the law firm’s claim that the malpractice suit was barred by California’s law against so-called SLAPP actions (strategic lawsuits against public participation) but…
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