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New Falls Corp. v. Lerner

Citation: 352 F. App'x 596Docket: No. 08-4991-cv

Court: Court of Appeals for the Second Circuit; November 9, 2009; Federal Appellate Court

Narrative Opinion Summary

In this case, New Falls Corporation appealed a District Court ruling that granted summary judgment to Edward N. Lerner in a legal malpractice action. The core issue was New Falls’ standing to pursue a malpractice claim against Lerner, who had represented Stornawaye Capital, LLC, in a loan enforcement action. Stornawaye had assigned its rights, including potential malpractice claims, to New Falls. However, the court applied California law, which does not allow the assignment of legal malpractice claims, thus rendering the assignment invalid. New Falls argued that Connecticut law, where the alleged malpractice occurred and which permits such assignments, should apply. The appellate court affirmed the District Court's ruling, emphasizing that the parties had chosen California law to govern their agreement. The court found no conflict with Connecticut's choice-of-law rules, which respect parties' selection of governing law unless exceptions are present. The judgment confirmed that New Falls could not assert Stornawaye's rights, as the malpractice claim could not be assigned under California law. Consequently, the summary judgment in favor of Lerner was upheld, as New Falls was attempting to enforce a non-existent right.

Legal Issues Addressed

Application of Choice-of-Law Rules

Application: The court found that applying California law was consistent with Connecticut's choice-of-law rules, which permit parties to select governing law unless exceptions apply.

Reasoning: The court found no error in the application of California law, highlighting that it aligns with Connecticut's choice-of-law rules, which permit parties to select governing law unless certain exceptions apply.

Assignment of Legal Malpractice Claims under California Law

Application: The case determined that under California law, legal malpractice claims are not assignable, which precluded New Falls from pursuing the claim as Stornawaye's successor.

Reasoning: Under California law, legal malpractice claims are not assignable, leading the court to conclude that Stornawaye could not transfer any potential malpractice claims to New Falls.

Choice of Law in Contractual Agreements

Application: The appellate court upheld the application of California law because the parties explicitly chose it to govern their agreement, despite the malpractice occurring in Connecticut.

Reasoning: The appellate court affirmed the District Court's judgment, holding that the parties had explicitly chosen California law to govern their agreement.

Standing to Sue in Legal Malpractice

Application: The court found that New Falls lacked standing to sue for malpractice because it was not the original client and the claim was not assignable.

Reasoning: The District Court ruled that New Falls lacked standing to bring the malpractice claim, determining that the assignment was governed by California law.

Summary Judgment Standards

Application: The District Court granted summary judgment to Lerner as New Falls was attempting to enforce a non-existent right under the applicable law.

Reasoning: Consequently, the District Court correctly granted summary judgment to Lerner, affirming that New Falls was attempting to enforce a non-existent right.