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April Hawthorne v. Morgan & Morgan Nashville, PLLC

Citation: Not availableDocket: W2021-01011-COA-R3-CV

Court: Court of Appeals of Tennessee; September 19, 2022; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals of Tennessee reviewed an appeal concerning the dismissal of a legal malpractice complaint filed by a plaintiff against a law firm and individual attorneys, stemming from their conduct in a prior class action lawsuit. The class action involved alleged wrongful abandonment of remains, and the plaintiff alleged that the defendants failed to adequately respond to settlement offers, amounting to legal malpractice and breach of fiduciary duties. The trial court initially dismissed the plaintiff's complaint, finding it legally insufficient, and also dismissed a third-party complaint filed by the defendants seeking contribution or indemnity. On appeal, the reviewing court conducted a de novo analysis under Rule 12.02(6) and determined that the plaintiff had adequately pleaded claims of legal malpractice and breach of fiduciary duties. Consequently, the appellate court reversed the trial court's dismissal of these claims and the related third-party complaint, remanding the matter for further proceedings. Claims of aiding and abetting breach of fiduciary duty and negligent supervision were, however, dismissed due to the plaintiff's failure to provide adequate legal support. The appellate court's decision allows the third-party defendants to address their concerns in future proceedings. The case is remanded for further consideration consistent with the appellate court's findings.

Legal Issues Addressed

Derivative Nature of Third-Party Complaints

Application: The appellate court reversed the dismissal of the defendants' third-party complaint, which was unjustly dismissed as derivative of the plaintiff's claims.

Reasoning: The appellate court reversed part of the trial court's dismissal of Hawthorne’s claims and also reversed the dismissal of the defendants' third-party complaint, remanding the case for further proceedings.

Legal Malpractice and Breach of Fiduciary Duties

Application: The appellate court found that the plaintiff sufficiently pleaded claims of legal malpractice and breach of fiduciary duties, reversing the trial court's dismissal.

Reasoning: The appellate court disagreed with the trial court's conclusion, asserting that the Plaintiff sufficiently pleaded claims of legal malpractice and breach of fiduciary duties, highlighting allegations that class counsel acted recklessly by ignoring settlement offers and failing to inform clients of these offers.

Requirements for Aiding and Abetting and Negligent Supervision Claims

Application: The claims for aiding and abetting breach of fiduciary duty and negligent supervision were dismissed due to the plaintiff's inadequate briefing.

Reasoning: However, claims for aiding and abetting breach of fiduciary duty and negligent supervision were dismissed due to inadequate briefing by the Plaintiff, as the argument lacked legal citations and authority.

Rule 12.02(6) Motion to Dismiss

Application: The appellate court conducted a de novo review of the trial court's decision to dismiss under Rule 12.02(6), focusing on the legal sufficiency of the complaint.

Reasoning: On appeal, the reviewing court analyzed the dismissal de novo, emphasizing that a Rule 12.02(6) motion assesses only the legal sufficiency of the complaint.