Charles Reinhart Co. v. Winiemko

I respectfully dissent from this Court’s decision that a determination of causation in cases of appellate malpractice is a question of law that must be decided by a trial judge and not a question of fact to be resolved by a jury-

INTRODUCTION

Foundationally, the majority opinion works from an apparently simple premise — namely, that judicial appeals are resolved exclusively as matters of *611law, not fact. Because courts decide matters of law, while juries must "remain the factfinder,”1 the majority concludes that only the trial judge may determine if an underlying legal appeal would have been…