Contract attorney lawsuit against Skadden Arps can proceed, appeals court says; case could enable temporary lawyers hired for routine document review to earn extra wages

July 23, 2015

This story posted on The Posse List describes how the Second U.S. Circuit Court of Appeals vacated the jugment of the United States District Court for the Southern District of New York granting Defendant's Motion to Dismiss in the case of Lola v. Skadden.

 

Contrary to what some in the press and document review industry have concluded, this does not mean that the Second Circuit ruled that contract attorney work is not legal work. When deciding on a Motion to Dismiss, the Court must assume that all facts alleged by the Plaintiff in their complaint are true. The Second Circuit simply found "that Lola adequately alleged in his complaint that he failed to exercise any legal judgment in performing his duties for Defendants." This only means that the case can now proceed, and Lola will have to prove his allegations to the lower court.

 

Read The Posse List story here.

 

Read the Second Circuit opinion here.

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