Tuesday, May 09, 2006

Eighth Circuit Court of Appeals affirms dismissal of perennial litigant Lloyd Trackwell legal malpractice suit against criminal defense counsel David Domina because Trackwell did not properly seek to stay the civil proceedings while his criminal case was pendingLloyd R. Trackwell v. David Domina #05-2974 District of Nebraska [UNPUBLISHED] [Per Curiam - Arnold, Lay and Colloton, Circuit Judges]The Federal District court did not err in finding Nebraska's two-year statute of limitations for legal malpractice was not tolled during the pendency of Trackwell's criminal proceedings. Trackwell was convicted in District Court but the Nebraska court of appeals reversed. ON remand, the State did not retry the plainitff. The reversal took place before the 2 year period would have run.

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