Ninth Circuit Court of Appeals upholds legal malpractice win for Jon Schwalbach and Jim Kjar

Jon Schwalbach and Jim Kjar wrote a successful a motion to dismiss for their client, a prestigious appellate law firm in Los Angeles, in a legal malpractice case. The plaintiff alleged federal civil rights violations against the client after it successfully defended an opposing party in a state appeal. Jon and Jim argued that their client was not liable because the firm didn’t violated the plaintiff’s civil rights, wasn’t a state actor, and was entitled to immunity under the Noerr–Pennington doctrine. Jon and Jim argued the plaintiff’s lawsuit was a retaliatory action because their client successfully defeated the plaintiff in the underlying appeal. The judge granted Jon’s and Jim’s motion, dismissing the plaintiff’s complaint with prejudice. The plaintiff filed an appeal to the Ninth Circuit, which was also denied in June 2020.