Hamilton v. Bangs, McCullen, Butler, Foye & Simmons, LLP, No. 11-1823 (8th Cir. 2012)Annotate this Case
Plaintiff was the president and owner of Company. Plaintiff and Company were sued by an employee for sexual harassment, among other claims. Plaintiff retained Law Firm to represent him and Company. The district court entered judgment against Company. The court later granted Company's motion for a new trial, and the parties subsequently settled. Plaintiff was the personal guarantor on the loans and credit lines provided by lenders to Company. After the original jury verdict, banks and lenders refused to continue extending credit to Plaintiff. As a result, Plaintiff's real estate holdings crumbled, causing Plaintiff to lose dozens of commercial and residential properties. Plainiff then sued the attorney who acted as lead defense counsel and Law Firm (collectively, Appellees), contending that Appellees committed a series of negligent errors during their representation. The district court granted summary judgment in favor of Appellees and dismissed Plaintiff's claims for legal malpractice and breach of fiduciary duty, holding that Plaintiff failed to show that his loss of net worth was proximately caused by the actions of Appellees.