United States Fifth Circuit

Summary judgment dismissing plaintiff-insurer's malpractice claim against an attorney who had been retained by plaintiff to defend it and its insured in a third-party's lawsuit is reversed where plaintiff's decision not to pursue an appeal from an adverse jury verdict under the circumstances did not equitably estop it from prosecuting its malpractice action.

Appellate Information

• Decided 03/29/2006
• Published 03/30/2006

Judges

• WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David I. Bordelon (argued), Ungarino & Eckert, Metairie, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Gustave A. Fritchie, III (argued), Edward W. Trapolin, Camala Elizabeth Capodice, Irwin, Fritchie, Urquhart & Moore, New Orleans, LA, for Defendants-Appellees.