Kentucky Supreme Court Rules in Favor of Poppe Law Firm Client

08/27/2010 | Legal Malpractice

The Poppe Law Firm was pleased to receive a unanimous opinion from the Kentucky Supreme Court yesterday reversing a Kentucky Court of Appeals opinion.  The legal malpractice case was dismissed right before trial becuase the trial court determined that the client's assignment of the proceeds from his legal malpractice case was against public policy.  The Court of Appeals agreed with the trial court and affirmed the dismissal.  The Poppe Law Firm filed a motion for discretionary review to the Supreme Court of Kentucky.  Only a handful of case are accepted for review by the Supreme Court of Kentucky and usually they only decide issues of first impression in Kentucky.  Even fewer cases are granted oral argument.  The Court granted both to the Poppe Law Firm client.  The Case was argued in June and the Court issued a lightening fast opinion in on August 26th (Court was not in session in July)
The Supreme Court agreed with the Poppe Law Firm that an invalid assignment of proceeds does not justify dismissing a case with prejudice and, instead, as long as the real-party-in interest brings the action, the suit should be allowed to proceed.  This establishes the law in Kentucky and is a great victory for our client.  We are very proud of the work we have done in this case and it feels wonderful to get this result for a very deserving client.

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PS. Here is a link to one of the briefs we did in the trial court.  This is not one of the appeal briefs.