Massey Alleges Legal Malpractice by Counsel in Virginia Lawsuit
Massey alleged claims for negligence, breach of contract, and breach of fiduciary duty/conflict of interest, and claimed that the defendants failed to have a lawyer admitted to practice in Virginia sign the notice of appeal, which resulted in the dismissal of the appeal by the Virginia Supreme Court. Further, Massey alleged that the defendants changed language in its petition for appeal without Massey’s knowledge and for the purpose of making a legal malpractice claim more difficult to assert. Specifically, Massey alleged that the petition in draft form asked that the Supreme Court “reverse and remand” the verdict and “reverse and render final judgment.” But in the final version, only the “reverse and remand” language was included.
According to the complaint, if the defendants had properly filed the notice of appeal and not changed the language in the petition for appeal, “the Virginia Supreme Court would have reversed the judgment of the trial court due to its erroneous rulings at trial and entered final judgment in Wellmore’s [one of the plaintiffs] favor.”
Typically, in a legal malpractice case, the plaintiff has to prove that it would have prevailed in the underlying matter but for its counsel’s malpractice, which is the so-called “case within a case” requirement. So Massey has to prove its assertion that it would have been successful before the Virginia Supreme Court.
Massey claimed that its lawyers knew that the Virginia verdict “would have a direct and preclusive effect” on the Boone County, West Virginia action. Massey has asked that the defendants pay the verdicts in the two cases, plus the pre- and post-judgment interest from both actions, all of which totals at least $82 million. Massey also seeks reimbursement of its attorney’s fees and expenses, and punitive damages as a result of the defendants’ alleged intentional conduct in changing the language in Massey’s petition for appeal.
