Supreme Court Agrees to Take On Issue of Federal Jurisdiction for Legal-Malpractice Claims Based on Patent Law
Close
 

Supreme Court Agrees to Take On Issue of Federal Jurisdiction for Legal-Malpractice Claims Based on Patent Law

On Friday, the Supreme Court agreed to hear a case regarding federal jurisdiction for legal malpractice claims based on substantive issues of patent law.  The Federal Circuit has twice held that federal courts have jurisdiction over these types of cases.   In the case at hand, the Texas Supreme Court determined that exclusive federal jurisdiction existed for a legal-malpractice suit of this type, which had been filed in Texas state court.   

PLAN will continue to monitor this issue and report on the SCOTUS decision when it is available.
 
Gunn v. Minton, 355 S.W. 3d 634 (Tex., 2011), cert. granted, 80 USLW 3547, 81 USLW 3028 (U.S. Oct. 5, 2012) (No. 11-1118).
 
Gunn v. Minton.pdf