Ky. Court Refuses to Dismiss Legal Malpractice Case Against Asbestos Plaintiff Firms

LEXINGTON, Ky. –– A Kentucky federal court has denied attempts by two plaintiff firms to dismiss the claims of former clients who contend that the law firms failed to timely file asbestos claims on their behalf.

In the Dec. 21 opinion, the U.S. District Court for the Eastern District of Kentucky further rejected efforts by Provost Umphrey Law Firm, LLP and Motley Rice, LLC to compel arbitration, saying that the arbitration clauses contained in the contracts were “unconscionable.”

Plaintiff Donna Bruszewski filed the lawsuit, contending that in 2006, she contacted the Texas-based firm Provost Umphrey to try and obtain …