Lewis Brisbois Bisgaard & Smith has failed to convince a California appeals court to throw out a $13 million legal malpractice case brought by former client Kmart Corp.

The California 2nd District Court of Appeal on Monday affirmed a trial judge who denied Lewis Brisbois’ bid to strike the retailer’s action under a California law that prohibits so-called strategic lawsuits against public participation. The “anti-SLAPP” statute forbids lawsuits intended to curb someone’s legally protected rights.

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