March 2011 News

Indiana Supreme Court denies petition to transfer dismissal of legal malpractice claim against Elhart attorney represented by Eichhorn & Eichhorn, LLP

David Jensen and Nick Brunette represented an Elkhart attorney, now judge, in a legal malpractice claim filed against him by his former client. The plaintiff's complaint alleged legal malpractice and false arrest/false imprisonment. David and Nick filed a motion to dismiss the claims because the plaintiff's complaint was not filed within the applicable statute of limitations. The Elkhart Superior Court agreed and granted the motion to dismiss. The plaintiff appealed, and on June 16, 2010, the Indiana Court of Appeals affirmed the dismissal, including the trial court's findings that the complaint was frivolous. The plaintiff then petitioned to the Indiana Supreme Court, but transfer was denied on March 29, 2011.

David and Nick work in the firm's Hammond office, and can be reached at (219) 931-0560, or by email at djensen@eichhorn-law.com or nbrunette@eichhorn-law.com.