Justia Professional Malpractice & Ethics Opinion Summaries

Articles Posted in US Court of Appeals for the District of Columbia Circuit
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Plaintiffs filed a legal malpractice case arising out of the failure of two sets of lawyers associated with two different law firms, Westerman, Hattori, Daniels & Adrian, LLP (Westerman) and Kratz, Quintos & Hanson, LLP (Kratz), to file necessary documents in plaintiffs' patent case, allegedly resulting in plaintiffs' loss of that case. The complaint alleged four counts against defendants: Count I against both defendants for the original malpractice, Count II alleging that Westerman negligently gave legal advice after the original decision in the patent case issued and Counts III and IV alleging that advice Kratz gave regarding the malpractice case against Westerman led to the loss of the Count I claim against both defendants through the operation of the statute of limitations. The DC Circuit affirmed the district court's dismissal of Count II of the Second Amended Complaint where the district court did not abuse its discretion by finding that plaintiffs waived any claim for damages arising from the Count II allegations. The court also affirmed the district court's grant of summary judgment on Counts III and IV of the Second Amended complaint where plaintiffs failed to establish that Armstrong's advice was the proximate cause of its injuries. View "Seed Company Limited v. Westerman, Hattori, Daniels & Adrian, LLP" on Justia Law

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The DC Circuit denied a petition for review of the FAA's decision to revoke petitioner's pilot certification for knowingly operating an aircraft with narcotics on board. After petitioner's plane crash-landed due to an engine malfunction, a trooper doing a routine inventory of the aircraft's contents discovered three chocolate bars infused with tetrahydrocannabinol (THC, the psychoactive agent in marijuana) in petitioner's briefcase. The court held that the sanction of revocation of petitioner's pilot certificate was not imposed arbitrarily, capriciously, nor in conflict with the law. The court held that the Board explicitly considered petitioner's mitigating factors and simply determined that they did not warrant a lighter sanction. The Board reasoned that knowingly transporting illegal narcotics on an aircraft, regardless of quantity or purpose, fell within the scope of 14 C.F.R. 91.19 and was grounds for a certificate revocation. Likewise, the fact that the marijuana was purchased in Colorado did not change the fact that marijuana was illegal under federal law and in federal airspace. Finally, the passage of 49 U.S.C. 44710 did not limit the FAA's authority to revoke certificates under 49 U.S.C. 44709. View "Siegel v. Administrator of the FAA" on Justia Law