Court of Appeal reinstates malpractice claims against Greenberg Traurig and former shareholder

A 2nd District Court of Appeal panel reinstated malpractice claims that celebrity fitness trainer Jillian Michaels and her company filed against Greenberg Traurig and one of its former shareholders.

Michaels, known from the television show "The Biggest Loser," and her company, Empowered Media LLC, sued Greenberg Traurig and shareholder David P. Markman in 2016. Markman has since joined DLA Piper. Neither Markman nor Jenner & Block, which represents him and Greenberg Traurig, responded to a request for comment.

In 2009, Markman represented Michaels in negotiating two contracts involving her appearance on "The Biggest Loser" and another branding contract with a diet supplement company called ThinCare, involving millions of dollars in future royalty payments.

But the contracts conflicted. "The Biggest Loser" agreement restricted Michaels' ability to participate in commercials. In contrast, the ThinCare agreement contained provisions inconsistent with "The Biggest Loser" contract's commercial restrictions, Los Angeles County Superior Court Judge Sam Ohta, sitting pro tem on the 2nd District, wrote. Justices Elizabeth A. Grimes and Tricia A. Bigelow concurred.

"The gravamen of the malpractice claim is Markman's alleged failure to advise appellants on this inconsistency between the 2009 "Biggest Loser" agreement and the ThinCare agreement," Friday's order read.

ThinCare sued Michaels and EmpoweredMedia in 2011. The parties settled, but Empowered Media filed a complaint in 2016 against Markman, alleging nine causes of action, including legal malpractice. Michaels et al., v. Greenberg Traurig et al., SC126100 (L.A. Sup. Ct., filed July 7, 2016).

Los Angeles County Superior Court Judge Mark A. Young granted summary judgment for Greenberg Traurig on six of the nine causes of action. The plaintiffs' lacked factual support for their accusations, Young found, and he also excluded their expert witness declaration as speculative.

"We hold, the trial court abused its discretion by excluding portions of appellants' expert witness's declaration on damages," Ohta wrote.

King & Ballow Law Offices represents Michaels. The firm could not be reached for comment.