Supersize it!  Not a Wendy’s advertising pitch. but this legal malpractice case took place in one.  This case is being cited for Federal jurisdiction and removal [not areas we cover often], but for us, the issue will be whether employees have standing and privity to sue attorneys hired by their employer.  We think not, and will follow.

"This consolidated action was initiated by plaintiffs, including present and former employees of defendant Café Express LLC (“CEL”). CEL is a restaurant established by defendant Augusta Foods, LLC (“Augusta”), with majority stock holder being defendant Wendy’s International (“Wendy’s”). Plaintiffs alleged, that in exchange for weekly payroll deductions, defendants CEL, August and Wendy’s agreed to arrange to file and prosecute the employees’ Applications for Alien Employment certification (“Applications”) under The Life Act Amendments of 2000, 8 U.S.C. § 1255 (i) (1) (B) and (C) (the “Life Act”). The Life Act enabled certain aliens to apply for an adjustment to permanent resident status, provided the Application was submitted by April 30, 2001.

The restaurant defendants arranged with various law firms to prosecute the Applications, but the plaintiffs contended the defendant attorneys failed to file the Applications by the deadline. Additionally, despite this filing error, the restaurant defendants failed to notify the plaintiffs until July of 2006 and continued to deduct weekly fees. The plaintiffs alleged the defendants were liable under the following legal theories: legal malpractice, breach of contract, negligence, negligent misrepresentation, unjust enrichment, restitution, conversion, breach of fiduciary duty, fraud or intentional misrepresentation. "

This case, similar tothose in which union employees are unable to sue an attorney provided to them by the union, will no doubt be reported again.  Follow with us.