ST. PAUL FIRE AND MARINE INSURANCE CO. v. BIRCH, STEWART, KOLAS.

No. CIV.A.01-10327-RBC.

408 F.Supp.2d 59 (2006)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, as Subrogee of Vicam, L.P., Plaintiff, v. BIRCH, STEWART, KOLASCH & BIRCH, LLP., Leonard R Svensson, Bernard L. Sweeney, Defendants.

United States District Court, D. Massachusetts.

January 12, 2006.


Attorney(s) appearing for the Case

Thomas J. Conlin, Robins, Kaplan, Miller & Ciresi LLP., Bruce A. Finzen, Robins, Kaplan, Miller & Ciresi LLP., Minneapolis, MN, for St. Paul Fire and Marine Insurance Company, Plaintiff.

David A. Barry, Sugarman Rogers Barshak & Cohen, William L. Boesch, Sugarman, Rogers, Barshak & Cohen, Boston, MA, for Birch, Stewart, Kolasch & Birch, LLP., Bernard L. Sweeney, Leonard R. Svensson, Defendants.

Lisa A. Furnald, Robins, Kaplan, Miller & Ciresi L.L.P., Boston, MA, for St. Paul Fire and Marine Insurance Company, Counter Defendant.

Guive Mirfendereski, Newton, MA, for Vicam Limited Partnership, Interested Party.

Benjamin D. Stevenson, Robins, Kaplan, Miller & Ciresi L.L.P., Boston, MA, for St. Paul Fire and Marine Insurance Company, Birch, Stewart, Kolasch & Birch, LLP., Defendants.

Warren E. Zirkle, McGuire Woods LLP, McLean, VA, for Birch, Stewart, Kolasch & Birch, LLP., Bernard L. Sweeney, Leonard R. Svensson, Defendants.


MEMORANDUM RE: PROOF OF CAUSATION AND DAMAGES IN LEGAL MALPRACTICE CLAIM

COLLINGS, United States Magistrate Judge.

During the course of the final pretrial conference in this legal malpractice case, an issue arose with respect to which party bore the burden of proof of causation and damages in connection with the legal malpractice claims against Attorney Sweeney. Specifically, the plaintiff, St. Paul Fire and Marine Insurance Company ("St.Paul"), takes...

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