Pretzel & Stouffer

Court Dismisses Legal Malpractice Claims Against Labor Union and Attorney

P&S partners Matthew J. Egan and Brendan J. Nelligan successfully defended a state-wide labor union and one of its employee-attorneys against a legal malpractice claim one of the union’s members brought against the union and the attorney. The plaintiff had been terminated for misconduct following disciplinary proceedings that were conducted pursuant to a collective bargaining agreement between the union and the plaintiff’s employer (a local police department). Plaintiff alleged that the union and the attorney did not provide him with adequate representation during the disciplinary proceedings.

Matt and Brendan responded to the plaintiff’s complaint by filing a motion to dismiss the case on several different legal grounds, including immunity as to the employee-attorney and lack of jurisdiction as to the union. After full briefing and oral argument, the circuit court granted their motion in its entirety and dismissed the plaintiff’s complaint with prejudice. This is the most recent instance in which Matt and Brendan have successfully defended clients in a complex legal malpractice case.

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