Friday, August 26, 2016

Case of the Day: Shenzhen Kehuaxing Indus. Ltd. v. Curtis, Mallet-Prevost, Colt & Mosle LLP, 2016 N.Y. Misc. LEXIS 3079 (N.Y. Sup. Ct. Aug. 12, 2016)


Plaintiff Chinese company is a manufacturer of kitchen sinks. Defendant was the plaintiff's former attorney. The defendant was late filing certain forms with the U.S. Department of Commerce by one day. Plaintiff alleges that the defendant's lapse caused the USDC to assess anti-dumping duties on the plaintiff's products. Defendant moved to dismiss.

The court denied the motion to dismiss as to the malpractice claim, but dismissed other claims such as breach of fiduciary duty on the grounds that they were duplicative. The court also dismissed individual suits filed by the company's shareholders, because the defendant did not represent them.


Lawyer life is tough! It is not uncommon, even for a big and sophisticated firm like Curtis Mallet-Prevost, to miss the deadline. And missing the deadline even by a day could lead to a significant consequence for your client, especially if your client is a foreign company that utterly relies on its U.S. counsel.

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