FIFTH CIRCUIT RULES PLAINTIFF IN MISSISSIPPI LEGAL MALPRACTICE ACTION FAILED TO PROVE HER CASE WITHIN A CASE
In Kennedy v. Hall, No. 16-60569, 2017 WL
664041, at *1 (5th Cir. Feb. 17, 2017), the Fifth Circuit affirmed summary
judgment for a Mississippi attorney and his law firm in a legal malpractice action
applying the “case-within-a-case” doctrine. Mississippi law requires the
plaintiff in a malpractice action to prove by a preponderance of the evidence 1)
the existence of a lawyer-client relationship, 2) negligence by the lawyer, 3)
proximate cause, and 4) injury.