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Litigation
Legal Malpractice Statute Of Limitations
The statute of limitations may not be tolled where the wronged party was aware or should have been, prior to the expiration of the statute of limitations, that he might have been wronged by his former attorneys. Feddersen v. Garvey et al., No. 05-1305, United States Court of Appeals for the First Circuit, October 26, 2005.
In 1993, Feddersen retained the defendant law firm to represent him in a matrimonial action. Feddersen and his former wife had entered into a prenuptial agreement prior to the parties' marriage, but their divorce proceedings were complex. The prenuptial agreement provided that the wife would be entitled to 25% of the FMT corporation, which was the husband's principal asset. The net book value was the major issue of the litigation. During the course of the matrimonial litigation, FMT was involved in two patent infringement litigations. After the first litigation settled in 1994 for $3.4 million in favor of FMT, the husband and wife settled their matrimonial claims. As part of the negotiation, the husband offered the wife the chance to share in the legal proceeds from the second litigation if she agreed to pay for a portion of the legal fees in the case
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