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Tort Malpractice Claim Can Proceed Against Attorneys Who Didn't File Retaliation Claim

By Emily Brill (Reporter)

Tuesday, November 28, 2017 | 511 | 0 | 0 min read

Even though an injured worker can’t sue the attorneys who allegedly mismanaged his wrongful discharge lawsuit for violating a contract, he can still sue them in tort, the 10th Circuit Court of Appeals decided last week. Cory Sylvia sued the Lawrence, Kansas, attorneys James Wisler and David Trevino in 2013, saying a number of his claims against Goodyear Tire & Rubber Co. — including his contention that he was fired in retaliation for filing a comp claim — became time-barred because of the duo's actions. The U.S. District Court for the District of Kansas di...

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