Jeff Ireland and Don Burton successfully defended the Taft law firm in a malpractice action by obtaining summary judgment on October 9, 2019. Peh v. Kollin, et al., Case No. 2018-CV-0059. Plaintiff brought a malpractice claim in Greene County against the attorneys who represented him in a case in which a judgment was entered against him for breach of a lease in an amount in excess of $400,000. In particular, Plaintiff faulted the Taft law firm who represented him on appeal for not raising the statute of limitations in the Uniform Commercial Code for claims of breach of a lease agreement as an alternative ground for affirmance. The court agreed with Faruki's argument that the alternative grounds rule applies only "to a ground which was raised in the answer and argued in the trial court." The court further agreed that a provision of the underlying lease agreement, which Plaintiff signed as a surety, waived all statute of limitations arguments, meaning that raising a statute of limitations argument would have been futile in any event. Faruki has considerable experience in defending legal malpractice cases, as they are typically complex cases involving expert testimony on a variety of issues. Click for Decision.
