Supreme Court of Delaware

Hernandez and Hernandez-Alvarez v. Baird Mandalas Brockstedt & Federico, LLC

May 6, 2025

Summary

The Supreme Court of Delaware affirmed dismissal of the plaintiffs’ legal malpractice claims because the underlying court’s finding that class representation was adequate precluded them from asserting that their attorneys committed malpractice. The Court did not reach whether the claims administrator’s decision independently had preclusive effect. It also held that the asserted malpractice was litigation malpractice rather than transactional malpractice.