Dallas real estate lawyer Timothy T. Mitchell and his family have filed a legal-malpractice suit alleging a Georgia lawyer and his firm, as plaintiffs’ liaison counsel in peanut butter multidistrict litigation (MDL), didn’t tell them about a summary judgment motion that cost them their claims.
The plaintiffs in Mitchell, et al. v. Smalley, et al. allege the following in their June 14 original petition, filed in Dallas’ 162nd District Court: In 2008, Mitchell represented himself and his family in a suit against ConAgra Foods in Dallas state district court. They alleged Peter Pan peanut butter, manufactured by ConAgra, made them ill in 2006, and the peanut butter was recalled in 2007. ConAgra successfully removed the case to the U.S. District Court for the Northern District of Texas in Dallas. The U.S. Judicial Panel on Multidistrict Litigation later transferred the suit to the U.S. District Court for the Northern District of Georgia, which was presiding over the MDL, for discovery and pre-trial proceedings.
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