Morrison Mahoney Partner Steve Bolotin was quoted extensively by Mass Lawyers Weekly in a story about a decision in which a Superior Judge ended a 12(b)(6) motion to dismiss a legal malpractice claim as time-barred.
The plaintiffs filed their malpractice action on Sept. 7, 2017. They alleged that the Lourie & Cutler defendants were negligent in failing to conduct a title search in 1998 that would have revealed that David Valchuis and Vale did not own and, thus, could not convey the property. They alleged Saul Ewing was negligent for failing to conduct a title search, which would have revealed that the nominee trust did not have title and could not seek partition. Steve said: “The fact that you’re looking at two different transactions means that someone could look at this and conclude that Lourie & Cutler made a mistake and Saul Ewing didn’t.” He also added that he expects the case to come down to what the standard of care required of the firms in terms of a title search for the separate matters they handled.
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