Joe Howie


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Pleadings from J-M Manufacturing Co., Inc. v. McDermott Will & Emery, Los Angeles Superior Court, Case No. BC462832 (subsequently removed to US Dist Ct, C.D. Cal.)

When a case is in the news, I like to read the original documents and not rely on what the pundits and analysts extract for my consumption. With that in mind, here are some documents that I've posted about the J-M Manufacturing Co., Inc. v. McDermott legal malpractice case. They were downloaded from the LA Superior Court website in PDF format. The only changes to the files is that I OCR'd the PDFs in Acrobat to assist in word searching from within the files and to make copying and pasting excerpts easier. If you're a purist and don't want the OCR, click on the "no ocr" links.

Here's a link to my EDDUpdate.com posting about the case, "The Ethics and Effectiveness of Contract Attorney Review."

Here are the pleadings:

  • J-M's Original Complaint (with OCR) (no OCR) (contained allegations that McDermott marked up contract attorney billing rates)
  • McDermott's Demurrer (with OCR) (no OCR)
  • J-M's First Amended Complaint (with OCR) (no OCR)

Qui Tam Action

As those of you who are familiar with the case know, the underlying case in which the malpractice allegedly occurred was US ex rel Hendrix v. J-M Manufacturing Co., Inc, US District Ct, C.D. California, Case No.: ED CV06-00055-GW, a qui tam action by numerous governmental agencies based on allegations that J-M sold defective PVC pipe for use in water and sewage systems. If true, the qui tam actions could recover significant sums of money. "Hendrix" is an engineer who worked for J-M and who allegedly was fired a week after writing a memo that indicated the PVC pipe failed UL tests.

Here are some filings from that case as downloaded from PACER:

Removal of Malpractice Case to Federal Court

As downloaded from Pacer with OCR added for some files following download for searching and copying purposes:

  • Notice of Removal based on federal question (patent validity questions from amended complaint) (with OCR)
  • Indication of interested parties by McDermott (names professional liability carrier for McDermott - Attorneys' Liability Assurance Society) (with OCR)
  • McDermott Motion to Dismiss First Amended Complaint (with OCR)
  • J-M Manufacturing Motion to Remand (link)