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United States First Circuit


ROSEN CONSTR. VENTURES, INC. v. MINTZ, LEVIN, COHN, FERRIS, GLOVSKY & POPEO, P.C., 03-1758

An adverse party's alleged breach of a contract is not necessarily sufficient to put a client on notice that his attorney negligently drafted the contract; a reasonable factfinder could conclude that the relevant date for statute of limitations purposes is the date plaintiff lost its breach of contract case against the adverse party. There is thus a genuine issue of fact regarding when plaintiff's malpractice claim accrued.

Appellate Information

  • Decided 04/19/2004
  • Published 04/16/2004

Judges

  • LIPEZ, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Alan J. Kluger, with whom Steve I. Silverman and Kluger, Peretz, Kaplan & Berlin, P.L., were on brief, for appellants.

  • For Appellees:
  • Robert S. Frank, Jr., with whom John R. Baraniak, Jr., Kathleen A. Burdette, and Choate, Hall and Stewart, were on brief, for appellees.
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