Gosselin v. Webb

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. George A. O'Toole, U.S. District Judge]

In this legal malpractice action, Appellant William Gosselin (“Gosselin”) seeks to hold Appellees, a group of attorneys who share office space and practice under the “trade name” Field, Hurley, Webb & Sullivan (“Field, Hurley” or the “firm”) vicariously liable for the alleged professional misdeeds of attorney James O’Dea (“O’Dea”). The legal contours of O’Dea’s relationship with the firm form the subject matter of this appeal. Gosselin has settled his claims against O’Dea. The district court granted summary judgment in Appellees’ favor, Gosselin v. O’Dea, 40 F. Supp. 2d 45 (D. Mass. 1999), and Gosselin appeals from that judgment. Because we find that there exists a genuine issue of material fact as to whether a partnership by estoppel existed between O’Dea and Appellees, we vacate the judgment below.

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