Facts

Cacique Inc., a California based cheese manufacturer, filed a malpractice suit against the law firm Epstein Becker & Green, arguing that the firm bungled the litigation of a contract dispute. In August 2007, a milk supplier filed a lawsuit against Cacique, and the law firm was retained to defend them.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that one of the firm's partners botched the defense of the case, leading to an adverse judgment in excess of $14 million. Plaintiffs claimed that this was a breach of defendants' duty to plaintiffs and constituted professional negligence.

DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiffs' complaint failed to state facts sufficient to constitute a cause of action against them because plaintiff did not have evidence that the case would certainly have settled for a sum less than the judge's award after trial.

Result

The court dismissed the case on Defendant's summary judgment motion. Defendant will proceed to trial on its cross-complaint claiming unpaid attorney fees.