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Washington Supreme Court Grants Motion to Dismiss Appeal
February 3, 2004. GMT has represented one of the nation's largest
law firms in a breach of contract and malpractice case brought by
a former client. The firm countersued for breach of contract and violation
of the Consumer Protection Act based on the fact that the plaintiff
and its president undertook a pattern of deceptive and unfair business
practices by engaging over 20 different law firms and attorneys, as
well as other legal service providers, over several years. They would
then sue firms for malpractice (or threaten the same) if the firms
sought collection of their fees.
In 2003, GMT conducted two jury trials on behalf of the firm and prevailed
on all counts. In post-trial proceedings, the trial court awarded
GMT's client treble damages and attorney fees under the CPA, in addition
to the damages awarded by the jury. The court explicitly found that
to prevail on its CPA claim the law firm had to prove that plaintiffs
wrongfully asserted legal malpractice claims against it.
Plaintiffs sought direct review by the Supreme Court; at the same
time, they refused to post a bond or to submit to supplemental proceedings.
The trial court held them in civil contempt. We moved to dismiss the
appeal for failure of the appellants to purge their contempt in the
trial court. The Supreme Court Commissioner granted the motion to
dismiss and, today, the Court denied a motion to modify the Commissioner's
Ruling, thereby dismissing the appeal.
Jim Murray handled the trials and the appeal.
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