Case Law Summaries

Nevada – Legal Malpractice

NevadaOceania Insurance Corp. v. Cogan, No. 74958, decided February 19, 2020. The Nevada Court of Appeals held that where an LLC became the majority shareholder of a corporation by virtue of a court order to help satisfy a $ 5 million default judgment, it would violate public policy to allow the corporation to maintain a malpractice suit against the lawyer the corporation blamed for failing to get the default set aside. As majority shareholder, the LLC controlled the malpractice suit, which would require it to take the position that it should not have prevailed in the underlying action even though that victory is why the LLC is now involved in the malpractice suit.

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