SHEETZ v. BOWLES RICE McDAVID GRAFF & LOVE

No. 28470.

547 S.E.2d 256 (2001)

209 W.Va. 318

SHEETZ, INC., Plaintiff, v. BOWLES RICE McDAVID GRAFF & LOVE, PLLC, et al., Defendants, v. Andrews & Wagner, Third-Party Defendant.

Supreme Court of Appeals of West Virginia.

Decided April 27, 2001.


Attorney(s) appearing for the Case

Susan R. Snowden, Martin & Seibert, Martinsburg, Stephen D. Brown, George M. Gowen, Dechert, Price & Rhoads, Philadelphia, PA, Attorneys for Plaintiff.

Tammy A. Bittorf, Layva, Bittorf & Santa Barbara, Martinsburg, David L. Haber, Weinheimer, Schadel & Haber, Pittsburgh, PA, Attorneys for Third-Party Defendant.

Michael J. Farrell, Farrell, Farrell & Farrell, Huntington, Attorney for Defendants.


STARCHER, Justice:

In this case we answer four certified questions from a federal court. We hold that advice of counsel is not an absolute defense in an employment law case; that a defendant in a legal malpractice lawsuit is not barred from asserting a claim against another attorney who provided services to the plaintiff; that experts may testify in legal malpractice cases; and that the plaintiff in a state employment law case did not receive an illegal double recovery...

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