United States Sixth Circuit

In a suit against a law firm for damages, alleging breach of contract, breach of fiduciary duties, and legal malpractice, summary judgment for the law firm is reversed where: 1) plaintiff established genuine issues of material fact regarding not only whether it impliedly consented to a conflict of interest, but also whether it could even consent to the conflict in the first instance; and 2) the district court abused its discretion in granting summary judgment prior to discovery.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• Before:  MERRITT, DAUGHTREY, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Craig L. John, Dykema Gossett, Bloomfield Hills, Michigan, for Appellants.  Eugene Driker, Barris, Sott, Denn & Driker, Detroit, Michigan, for Appellees.   ON BRIEF:  Craig L. John, Joseph A. Doerr, Thomas J. Murray, Dykema Gossett, Bloomfield Hills, Michigan, for Appellants.  Eugene Driker, Sharon M. Woods, Kevin Kalczynski, Melonie L.M. Stothers, Barris, Sott, Denn & Driker, Detroit, Michigan, for Appellees.