On September 21, 2021, a team of Miller Shakman attorneys obtained an appellate victory in New Jersey staying a $170 million legal malpractice action brought against their client, a large international law firm. After briefing and argument, the Appellate Division of the Superior Court of New Jersey reversed a trial court ruling denying the stay. The Appellate Division agreed with Miller Shakman’s argument that the malpractice action should be stayed pending the outcome of related federal tax litigation, which could reduce or fully eliminate all pending claims against the client. The appeal was briefed by Edward Feldman, Dan Feeney, Kay Dawson, and Rachel Ellen Simon, along with local counsel at Lowenstein Sandler LLP, and argued by Dan Feeney.
Following a seven-day trial, MSLF won a judgment exceeding $7.7 million, including punitive damages, for an investor against his former business partner. The trial court found that the partner had breached his fiduciary duties by, among other things, diverting funds and mismanaging the real estate investments the parties jointly owned. MSLF also won an additional $476,000 against another defendant. Both defendants were expelled or had their interests foreclosed in the projects. The Illinois Appellate Court upheld the decision on March 31, 2021:
Cahnman v. Timber Court LLC, 2021 IL App (1st) 200338
Further details about the case were reported in the Chicago Sun-Times.
MSLF attorneys Karen Levine, Edward Feldman, Alexandra Block and Mary Eileen Wells tried the case and defended the judgment on appeal.