After settling a shareholder class action, U.S. Diagnostic sued its former law firm, Bachner Tally, claiming legal malpractice on the part of the law firm in allegedly failing to properly advise it on disclosure requirements. Plaintiff claimed damages based on the settlements in the shareholder class action and in several opt-out cases.

A NERA expert provided a written report and deposition testimony demonstrating that even if liability were proven, plaintiff’s failure to account for benefits it received from selling allegedly inflated stock, other causes of the shareholder class action, and other contributors to the settlement resulted in inflated damage claims.

The parties settled on the eve of trial.