Staying the Legal Mal Case Pending Appeal of the Underlying Case
By Will Jordan
There’s an interesting article at law360.com about an ongoing legal malpractice lawsuit filed by the developers of a Native American casino project in Oklahoma. The developers brought suit in the fall of 2013, claiming the firm’s negligent representation resulted in a federal court granting a temporary injunction against the proposed casino. At the time the developers commenced their legal malpractice lawsuit, they also were pursuing an appeal of the order granting the injunction. Because the case-within-the-case was ongoing, the defense attorneys wisely moved and the court correctly granted a stay of the legal malpractice action pending the resolution of the appeal. The appellate court reversed the trial court’s injunction against the development of the casino, opening the door for the law firm to file a motion to dismiss the legal malpractice action, arguing that the appellate court’s decision confirms that the law firm’s advice to the developers not only was not negligent, but was correct.