ST. LOUIS — An individual is suing lawyers and law firms, citing alleged breach of fiduciary duty.
Derrick Howard, individually and as assignee of dissolved BIS Investments LLC, filed a complaint Aug. 25 in the U.S. District Court for the Eastern District of Missouri Eastern Division against David Jay Bernstein, James Murphy, Perry Orlando, Bernstein & Weintraub and Federal Law Center, alleging that the defendants failed their duty to exercise the degree of skill and diligence used under the same or similar circumstances of members of the legal profession.
According to the complaint, the plaintiff alleges that in Dec. 3, 2010, he filed claims asserting that his BIS funds were misappropriated, fraudulently and unlawfully removed in two separate transactions. The plaintiff sought the help of the defendants in filing a lawsuit against Bank of America, but the case was dismissed following a motion without his consent, which he alleges was legal malpractice.
The plaintiff alleges the defendants failed to properly protect his legal interest, failed to provide effective and efficient legal research regarding Missouri law and failed to consult plaintiff before filing a motion to dismiss.
The plaintiff seeks award of compensatory and punitive damages to be in excess of $260,000, as well as interest to be calculated by the court as reasonable compensation.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-02322-NCC