Discovery Rule Still Rules in Legal Malpractice Actions
The United States District Court for the Eastern District of Pennsylvania recently reiterated the long-prevailing discovery rule applicable to legal malpractice actions in Pennsylvania. In Nupson v. Schnader Harrison Segal & Lewis, LLP, Bruce A. Rosenfield and Blank Rome LLP, 2022 WL 4635943 (E.D. Pa., Sept. 30, 2022), Judge Alejandro dismissed the plaintiff’s untimely 2018 claims for negligence and breach of fiduciary duty against her former counsel based upon conduct which had occurred 15 years prior, in 2001 through 2003. Pennsylvania follows the “occurrence rule” with respect to the tolling of the statute of limitations in legal malpractice actions – [...]