A Manhattan federal judge has thrown out a legal malpractice suit that had accused well-known litigator Edward W. Hayes of sleeping through the deposition of his own client.

Robert Flutie retained Hayes in 2003 to defend companies controlled by him against a suit brought by the trustee overseeing the bankruptcy of companies mostly affiliated with his brother Michael, a model manager whose clients have included James King and Alexis Bledel.

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