United States Sixth Circuit

In a legal malpractice suit surrounding a law firm's failure to prosecute a client's commercial case, a jury verdict in favor of the law firm is affirmed where: 1) the issue of whether the notice given to plaintiff by the seller in the underlying case was commercially reasonable was an issue of fact properly submitted to the jury to decide; 2) the instructions to the jury were properly worded; and 3) the court's decision to allow a defense witness to testify out of turn was not an abuse of discretion.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

• Before:  GILMAN, SUTTON, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  R. Michael Phebus, F. Harrison Green Co., Cincinnati, Ohio, for Appellant.  Shea W. Conley, Reminger Co., Lexington, Kentucky, for Appellee.   ON BRIEF:  R. Michael Phebus, F. Harrison Green, F. Harrison Green Co., Cincinnati, Ohio, for Appellant.  Shea W. Conley, Reminger Co., Lexington, Kentucky, Brian D. Goldwasser, Reminger Co., Cincinnati, Ohio, for Appellee.