Overview
Steptoe partner Mike Miller was quoted in a Law360 article titled “NJ Discovery Ruling Arms Attys Facing Malpractice Suits.” The article, published on February 10, discusses a New Jersey federal magistrate’s decision to allow a personal injury lawyer, who was sued for malpractice, pursue new evidence related to a case he settled.
Mr. Miller points out that this discovery decision lies right in the “heartland” of discovery permitted by courts when attorneys stand accused of malpractice and have to prepare for a classic case-within-a-case trial on issues of malpractice causation and liability.
“This case is operating with some unusual facts and some very tragic facts, but it’s right in heartland of where judges wrestle with questions of ‘but for’ and how to litigate a case within a case,” Mr. Miller says.
The full article can be read at Law360(subscription required).
