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Attorney’s Motion for Nonsuit Granted and Successful Verdict on Cross-Complaint for Fees

After opening statements in a jury trial case venued in Marin County, Timothy J. Halloran and Jason E. Fellner, who represented the defendants/cross-complainant, filed a motion for nonsuit against all of the causes of action asserted by Plaintiff, including legal malpractice and negligent infliction of emotional distress.  After reviewing the legal briefs and hearing argument by counsel, the court granted defendants’ motion for nonsuit and entered judgment in favor of defendants finding that Plaintiff could not make a prima facie case for legal malpractice or negligent infliction of emotional distress without a qualified expert witness.  Both sides agreed to waive the jury for the remaining issues in the cross-complaint for breach of contract, quantum meruit and account stated.  Following a one week trial the court entered a verdict in favor of cross-complainant for unpaid fees according to the legal services contract.   

Timothy J. Halloran is a senior shareholder with the firm and focuses on the representation of professionals and businesses.  Jason E. Fellner is an attorney in the firm’s professional liability and general litigation group.








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