OMW Wins Dismissal in Legal Malpractice Case

February 15, 2016

Daniel W. Glavin earned a dismissal with prejudice in a case in which OMW’s attorney-client was sued for abuse of process and negligent infliction of emotional distress.  In preparing for a hearing in the underlying domestic matter, the attorney-client checked the court’s online arrest warrant docket and saw that an arrest warrant for the opposing party was outstanding.  When he arrived at the court, he provided the bailiff with a screen shot of the website showing the arrest warrant, attended his hearing, and returned to his office.  Plaintiff claimed she was wrongfully arrested and processed at the jail, in part as a result of the attorney-client’s actions.  After the arrest, plaintiff filed for Chapter 7 bankruptcy, but failed to schedule her claim against the attorney-client as an asset of the bankruptcy estate.  Her debts were discharged in the bankruptcy, and OMW moved for summary judgment, arguing that under the circumstances plaintiff was judicially estopped from pursuing the claim.  Rather than respond to the motion for summary judgment, plaintiff agreed to dismiss her claim with prejudice.
T.O. v. R.P. et al., United States District Court for the Northern District of Indiana, Cause No.2:15-CV-72-RL-PRC (February 15, 2016).  For more information, contact Mr. Glavin at (219) 322-0450 or [email protected].