202912P.pdf   03/11/2022  Gerber Products Company  v.  Mitchell Williams Selig Gates
   U.S. Court of Appeals Case No:  20-2912
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Stras, Author, with Colloton and Erickson, Circuit Judges] 
   Civil Case - Diversity - Legal Malpractice. After Gerber Products' lawyers 
   erred by disclosing privileged documents, Gerber Products brought a legal 
   malpractice suit for fees incurred when subsequent lawyers took corrective 
   action. The district court granted summary judgment to the law firm 
   because the malpractice suit was filed before the underlying state court 
   case had gone to trial and there was no way to know whether the result of 
   the underlying action would have been different. This court reverses, by 
   applying the Restatement (Third) of the Law Governing Lawyers, the 
   lawyers' negligence led to a natural and continuous sequence of extra fees 
   and tey may be liable for damages proximately caused by the wrongful acts. 
   Corrective fees are available even without an underlying judgment. The 
   district court correctly held that the suit was not barred by the 
   applicable statute of limitations. Judge Erickson concurring and 
   dissenting.