Highlighted Case

Background

Bridge construction and maintenance company brought damages action against attorney and law firm, alleging breach of contract, breach of fiduciary duties, and legal malpractice. Defendants moved for summary judgment. Plaintiffs moved for discovery. The United States District Court for the Eastern District of Michigan, Nancy G. Edmunds, J., 2007 WL 1267633, granted defendants' motion and denied plaintiffs' motion. Plaintiffs appealed.

Holdings

The Court of Appeals, Karen Nelson Moore, Circuit Judge, held that:
(1) issues of material fact regarding whether attorney's conflict of interest was one to which plaintiffs could consent precluded summary judgment;
(2) issues of material fact regarding whether plaintiffs consented to attorney's conflict precluded summary judgment;
(3) issues of material fact regarding whether plaintiffs impliedly consented to attorney's conflict precluded summary judgment; and
(4) district court's denial of plaintiffs' motion for additional discovery was abuse of discretion.

Reversed and remanded.

Merritt, Circuit Judge, filed an opinion, concurring.