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In granting summary judgment in favor of Duane Morris in a legal malpractice case, a Philadelphia trial judge donned an appellate judge’s cap to determine whether the plaintiff would have won on an appeal in the underlying action the plaintiff claims Duane Morris failed to timely file.

Senior Judge Albert W. Sheppard Jr. determined that a trial court’s ruling denying plaintiff LVI Environmental Services damages for subcontractor delays in the underlying action would have been upheld on appeal, and ruled last month that LVI suffered no damages, dismissing its malpractice claim against Duane Morris for failing to timely appeal the denial of damages.

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