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Legal Malpractice Law Appellate Court Opinion

by Agati, Taryn


AC43641 - Cooke v. Williams ("In this appeal, we address the applicability of Taylor v. Wallace, 184 Conn. App. 43, 194 A.3d 343 (2018), to an action alleging fraudulent and improper fee practices brought by a criminally convicted plaintiff against his former habeas attorney. The self-represented plaintiff, Ian T. Cooke, appeals from the judgment of the trial court granting the motion to dismiss filed by the defendants, John R. Williams and John R. Williams and Associates, LLC, for lack of subject matter jurisdiction. On appeal, the plaintiff argues that the court erred by dismissing as unripe (1) his legal malpractice claim by misapplying the justiciability bar articulated in Heck v. Humphrey, 512 U.S. 477, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994), and (2) his fraud claim pursuant to Heck for the same reasons. We agree with the plaintiff in part and accordingly reverse in part the judgment of the trial court.")