Firm Achieves Reversal For Plaintiff In Fifth Circuit

Johnston Tobey Baruch Law Firm Achieves Reversal For Plaintiff In Fifth Circuit
JTB appellate partner, Chad Baruch, won a reversal of a defendant’s summary judgment in the Fifth Circuit last week.

The case involved the widow of the Dallas physician. In a federal lawsuit, the widow alleges that her deceased husband’s practice-management company failed to pay the invoice on a life-insurance policy, resulting in its lapse. She alleges that her husband was unable to procure a replacement policy due to his illness with cancer, from which he eventually died. The widow alleges that she failed to collect $1 million in insurance proceeds as a result of the defendant’s negligence.

The widow sued in federal court alleging a claim for negligent undertaking. The district court granted summary judgment to the defendant. The widow then filed an appeal to the Fifth Circuit, and retained Chad Baruch to argue the case before the court in New Orleans.

Last Friday, the Fifth Circuit issued its decision reversing the summary judgment and remanding the case to the district court. Congratulations to Chad on this victory.

The case is Lifshen v. 20/20 Accounting (No. 20-10523).