A federal judge in Newark has ruled that a lawyer facing a legal malpractice suit in connection with a wrongful-death case may conduct discovery of potentially mitigating evidence about the accident, even if it was not explored in the underlying case.
U.S. Magistrate Judge Joseph Dickson of the District of New Jersey ruled that Parsippany, N.J., attorney James DeZao may conduct discovery into whether Andrew Smith consumed alcoholic beverages before his fatal plunge into an elevator shaft in a hotel in Cancun, Mexico.
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