Highlighted Case

Biomet Inc. v. Finnegan Henderson LLP

Background

Client brought legal malpractice action against law firm, alleging that failure of law firm, as appellate counsel in underlying patent infringement action against client, to challenge, in client's initial appeal in underlying action, the award of punitive damages against client as being constitutionally excessive resulted in client waiving its right to raise that issue when, on remand from the appellate court, the trial court considerably reduced the award of com-pensatory damages. The Superior Court, Maurice A. Ross, J., granted summary judgment to law firm. Client appealed.

Holdings

The Court of Appeals, Washington, C.J., held that law firm made reasonable professional judgment not to raise a claim, in client's initial appeal in underlying action, that award of punitive damages against client, which was three times the award of compensatory damages, was constitutionally excessive.

Affirmed.

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