Pension Benefit Guaranty Corp. v. Incus, Verlin, Hahn, Reich & Goldstein Professional Corp.

MEMORANDUM

NEWCOMER, District Judge.

This action arises out of the exclusion of a creditor from the distribution of a bankrupt estate. The creditor has sued the law firm that was counsel to the creditors’ committee of a class of creditors of which plaintiff was a member. Defendants seek summary judgment on the grounds that no attorney-client relationship existed between them and plaintiff and that plaintiff’s own negligence exceeded that of defendants’, if any. Plaintiff seeks summary judgment, in essence, as to defendants’ liability.

The operative facts as to which no dispute exists are as…