- Dispute involves cigar and tobacco retailer founded in 1856
- Rejected argument that knowledge of harm came in 2017
A Pennsylvania-based law firm beat a legal malpractice action accusing it of a conflict of interest that tainted its representation of the family of a cigar retailer.
Anna K. Nupson’s great-great-grandfather John Middleton founded a specialty cigar and tobacco retailer in 1856, and it generated income for the family for several generations. Schnader Harrison Segal & Lewis LLP and attorney Bruce A. Rosenfield represented various members and entities of the family for years.
Nupson filed suit in 2018, accusing Rosenfield and the firm of a long-term scheme to hide conflicts of interest and value other clients’ desires over hers as a result of representing the family in several venues.
The defendants moved for summary judgment in the case, arguing that the lawsuit was brought after the two-year statute of limitations had already expired.
Judge Nitza I. Quinones Alejandro of the US District Court for the Eastern District of Pennsylvania agreed with the defendants Sept. 30. Alejandro noted that the plaintiff concedes that the action arises out of transactions from 2001 to 2003, including advice that plaintiff sell her stock in the family corporation.
The court also rejected Nupson’s argument that she didn’t know about the purported harm until 2017, pointing to evidence she knew or should have known in 2015 at the latest.
Nupson is represented by Gordon & Ashworth PC, Mucci Law Firm, Davis Kelin Law Firm LLC, and Durham, Piitard & Spalding LLP.
The defendants are represented by Dilworth Paxson LLP.
The case is Nupson v. Schnader Harrison Segal & Lewis LLP, E.D. Pa., No. 18-2505, 9/30/22.
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