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CONFIDENTIAL

Jun. 20, 1998

Attorneys
Legal Malpractice
Failure to File

Confidential

Settlement –  $40,000

Judge

Robert Broomfield

Court

D AZ


Attorneys

Plaintiff

Andy Cook


Defendant

- CONFIDENTIAL


Experts

Plaintiff

Patrick F. Kennedy
(technical)

Knut Johnson
(technical)

Jonathan S. Rosenberg
(O'Melveny & Myers LLP) (technical)

Defendant

Larry M. Kazanjian
(Palmer, Kazanjian, Wohl & Hodson LLP) (technical)

Facts

The plaintiff plead guilty to felony charges, and he asked his attorney to file a motion so that the judge who had sentenced him to home confinement would allow him to travel outside his restricted area for job related training. The attorney did not do this, and the plaintiff was fired. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $85,000. The defendant made offers of $20,000, $35,000 and $37,000.

Damages

The plaintiff claimed $40,000 in lost earnings, per year, plus emotional distress and punitive damages.

Other Information

The settlement was reached approximately two years and three months after the case was filed.


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