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Monday, November 28, 2005

Ind. Decisions - Court of Appeals rules in law firm malpractice case

In Legacy Healthcare v. Barnes & Thornburg, a 45-page decision issued today, Judge Sullivan writes:

Appellant-Defendant/Counter-Plaintiff, Legacy Healthcare, Inc. (“Legacy”), filed a counter-claim against Appellee-Plaintiff/Counter-Defendant, Barnes & Thornburg (“B&T”), alleging malpractice in B&T’s representation of Legacy concerning Legacy’s participation in the Medicaid program. Specifically, Legacy alleged that B&T negligently failed to perfect appeals of certain administrative determinations adverse to Legacy. The trial court granted B&T’s motion for summary judgment. Legacy now appeals * * *

Conclusion. Legacy has failed to demonstrate upon appeal that the trial court erred in granting summary judgment upon its claims of malpractice against B&T in that there is no genuine issue of material fact as to whether B&T’s alleged negligence caused Legacy harm. The judgment of the trial court is affirmed.

Posted by Marcia Oddi on November 28, 2005 10:40 AM
Posted to Ind. App.Ct. Decisions