Massachusetts Legal Malpractice for Failing to File Timely Appeal
The Supreme Judicial Court (SJC) found that a law firm that failed to file an appeal in a case that would have been overturned by the Court was negligent. Legal malpractice lawyer Neil Burns noted that the company, Global NAP may have a significant claim against their law firm, Jackson Lewis and Winokur, Serkey & Rosenberg.
In this case, when a woman failed to return to work after the eight weeks allowed by the Massachusetts Maternity Leave Act (MMLA) she was no longer subject to the MMLA. She did not return because she had been informed that she could take additional time because she had delivered via C-section. Unfortunately, the Court found that the law, the Massachusetts Maternity Leave Act, does not cover such additional time off.
Thus, even though the Trial Court Jury awarded her over $1,000,000, the SJC held that they would have overturned the verdict. However, the defendant company’s law firm failed to file an appeal. Thus, they are responsible and liable for malpractice.