Bingham McCutchen, LLP v. McCourt

SANDERS, Janet L., J.

This case arises from legal malpractice allegedly committed by a large Boston law firm, Bingham McCutchen, LLP (“Bingham”) in its representation of Frank H. McCourt, Jr. (“McCourt”), owner of the Los Angeles Dodgers. McCourt is not the plaintiff in this action, however. Instead, in what appears to be a preemptive strike, Bingham has sued McCourt in this Court seeking a declaratory judgment that it is not liable. McCourt now moves to dismiss this action on the grounds that it constitutes a misuse of the Declaratory Judgment Act, G.L.c. 231A, §1. This Court agrees, and…