Baptiste v. Rohn, Lee J.
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX JESSICA BAPTISTE, ) ) Plaintiff, ) v. ) ) Civil Action No. 2013-0104 LEE J. ROHN, INDIVIDUALLY AND ) D/B/A LAW OFFICES OF LEE J. ROHN, ) ) Defendant. ) __________________________________________) Attorneys: Andrew C. Simpson, Esq., Emily Shoup, Esq., St. Croix, U.S.V.I. For Plaintiff Gordon C. Rhea, Esq., St. Thomas, U.S.V.I. Lee J. Rohn, Esq., St. Croix, U.S.V.I. For Defendant ORDER UPON CONSIDERATION of the following three issues presented in this matter: (1) the adoption of the “case-within-a-case” doctrine as the standard for civil legal malpractice cases in the Virgin Islands; (2) the applicable burden of proof in a civil legal malpractice case brought in the Virgin Islands; and (3) the appropriate award of damages in a Virgin Islands civil legal malpractice action; and for the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby ORDERED that the Court will apply the “case-within-a-case” doctrine to this civil legal malpractice action; and it is further Case: 1:13-cv-00104 …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX JESSICA BAPTISTE, ) ) Plaintiff, ) v. ) ) Civil Action No. 2013-0104 LEE J. ROHN, INDIVIDUALLY AND ) D/B/A LAW OFFICES OF LEE J. ROHN, ) ) Defendant. ) __________________________________________) Attorneys: Andrew C. Simpson, Esq., Emily Shoup, Esq., St. Croix, U.S.V.I. For Plaintiff Gordon C. Rhea, Esq., St. Thomas, U.S.V.I. Lee J. Rohn, Esq., St. Croix, U.S.V.I. For Defendant ORDER UPON CONSIDERATION of the following three issues presented in this matter: (1) the adoption of the “case-within-a-case” doctrine as the standard for civil legal malpractice cases in the Virgin Islands; (2) the applicable burden of proof in a civil legal malpractice case brought in the Virgin Islands; and (3) the appropriate award of damages in a Virgin Islands civil legal malpractice action; and for the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby ORDERED that the Court will apply the “case-within-a-case” doctrine to this civil legal malpractice action; and it is further Case: 1:13-cv-00104-WAL-EAH Document #: 137 Filed: 03/29/16 Page 1 of 2 2 ORDERED that the Court will not depart from the usual burden of proof allocation in a civil legal malpractice action, and will therefore require Plaintiff to prove each of the four elements of a civil legal malpractice claim; and it is further ORDERED that the Court will not reduce any award of damages in this case by a contingency fee or any other costs associated with the underlying case. SO ORDERED. Date: March 29, 2016 _______/s/_______ WILMA A. LEWIS Chief Judge Case: 1:13-cv-00104-WAL-EAH Document #: 137 Filed: 03/29/16 Page 2 of 2