United States Sixth Circuit

In a bankruptcy company's suit against a law firm for common law fraud arising out of an earlier toxic-tort action in which the law firm represented a group of plaintiffs against the company in state court, Rule 12(b)(6) dismissal of the action is affirmed as: 1) the law firm was under no duty to disclose an alleged "secret agreement" between it and a codefendant, which allegedly resulted in plaintiff being wrongfully prevented from removing the case to federal court; 2) the damages sought, essentially the increased litigation costs of being in state court, were too speculative to support an action for fraud; and 3) plaintiff could have sought sanctions in the prior action for the alleged misconduct.

Appellate Information

• Decided 06/19/2007
• Published 06/19/2007

Judges

• Before:  SILER and GILMAN, Circuit Judges;  ZATKOFF, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alan Mark Turk, Brentwood, Tennessee, for Appellants.   Robert J. Walker, Walker, Tipps & Malone, Nashville, Tennessee, for Appellee.   ON BRIEF:  Alan Mark Turk, Brentwood, Tennessee, for Appellants.  Robert J. Walker, John L. Farringer IV, Walker, Tipps & Malone, Nashville, Tennessee, for Appellee.