Legal Malpractice Victory – Dismissal of Claim Against Attorney in Federal Court
Matthew J. Egan and Brendan J. Nelligan successfully defended their client, an attorney for union-sponsored benefit funds, in the United States District Court in Chicago against a claim that the attorney tortiously interfered with the plaintiff’s contract with another company when the attorney notified the other company of the funds’ claim that the plaintiff had not made required benefits payments to the funds and that the funds had the right under a collective bargaining agreement to collect the unpaid benefits from this company because it had subcontracted with the plaintiff to perform the work that created the plaintiff’s payment obligation. Matt and Brendan filed a motion to dismiss the plaintiff’s complaint on multiple grounds, including the exclusive remedy provisions of ERISA and the Labor Management Relations Act and the attorney’s immunity under federal law governing activities by unions and union agents and attorneys that arise from a collective bargaining agreement. The District Court granted Matt and Brendan’s motion and dismissed the plaintiff’s claim against the attorney as being barred by the exclusive remedy provisions of federal law. This ruling is the latest in a series of victories that Matt, Brendan, and their colleagues on the professional liability defense team at Pretzel & Stouffer have obtained for the firm’s clients.