Michael Brautigam v. Geoffrey Damon

697 F. App'x 844
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 9, 2017
Docket16-3267
StatusUnpublished
Cited by4 cases

This text of 697 F. App'x 844 (Michael Brautigam v. Geoffrey Damon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Brautigam v. Geoffrey Damon, 697 F. App'x 844 (6th Cir. 2017).

Opinions

HELENE N. WHITE, Circuit Judge.

This diversity action alleging legal malpractice and several other claims was before us on a prior appeal from a subject-matter-jurisdiction dismissal for failure to meet the jurisdictional amount-in-controversy requirement. We reversed that dismissal and remanded for further proceedings. Plaintiff-Appellant Michael Brautigam, an attorney proceeding pro se, now challenges the district court’s order on remand affirming the report and recommendation of a magistrate judge. The issues are whether the district court properly concluded that the law of the case mandated dismissal of Brautigam’s malpractice claims against Defendant Geoffrey P. Damon on statute-of-limitations grounds; whether the district court should have granted Brautigam’s motion to file an amended complaint; whether [846]*846the district court erred in dismissing the claims against Defendant Daryl Crosth-waite; and whether the magistrate judge was biased. We affirm.1

I.

This court’s prior opinion explained:

In September [sic August] 2011, Brauti-gam sued [attorneys Geoffrey Damon, Daryl Crosthwaite, and Eric C. Deters, as well as Eric C. Deters & Assoc., alleging] breach of a fiduciary duty, legal malpractice, unjust enrichment, and negligence against all defendants; promissory estoppel against Damon only; and conversion against Damon and Crosth-waite ...
Brautigam alleged that he retained attorney Damon, a partner with Butko-vich & Crosthwaite Co., LPA (“B&C”), to represent him in two actions: (1) a legal malpractice action against Paul Hackett and others (“Hackett litigation”), and (2) a civil rights action against a judge for “falsely arresting Brautigam] and sentencing Brautigam] to six months in jail.” Damon accepted both cases on a contingency fee basis. Brautigam, however, paid Damon $16,500 of which Damon returned $10,000. Damon did not file the civil rights complaint, and Brautigam contends that he has lost his right to recover as a result.
On August 3, 2010, Damon moved to withdraw as Brautigam’s counsel in the Hackett litigation. The next day B&C mailed a letter to Brautigam, stating that Damon was no longer associated with B&C and asking him to elect whether he would like B&C to continue representing him in his “case(s).” According to Brautigam, he elected to proceed with B&C. In mid-August, he was advised that B&C would not be proceeding with the litigation and would help Brautigam transition to a new attorney; but. instead, B&C abandoned him as a client. In November 2010, Damon’s motion to withdraw was granted. That same month, Brautigam contends, he learned that Damon had left B&C and was working for Eric C. Deters & Associates.
The defendants in the Hackett litigation successfully moved for summary judgment. Brautigam’s complaint states that had “Damon met the applicable standard of care[,] properly conducted discovery[, and] properly responded to [defendants’] motion[s] for summary judgment,” defendants’ motions would not have been granted. Brautigam unsuccessfully appealed that judgment to the Ohio Court of Appeals....
In October 2013, Damon filed a motion to dismiss, arguing that the amount-in-controversy requirement was not satisfied. See Fed. R. Civ. P. 12(b)(1). A magistrate judge recommended granting that motion because Brautigám’s alleged damages bore no rational relationship to his legal claims and thus were not presented in good faith, and because Brau-tigam’s malpractice claims were valueless, Over Brautigam’s objections, the district court adopted the report and recommendation and dismissed the ac[847]*847tion for lack of subject-matter .jurisdiction ....
.... Brautigam sought three categories of damages: unreturned legal fees; recovery for his lost civil action; and damages for malpractice arising from Damon’s handling of the Hackett litigation. The district court concluded that the value of Brautigam’s claims was approximately $6,125, which was the unrefund-ed amount Brautigam paid to Damon ... [, and] determined that Brautigam’s claim for the loss of the civil suit was valueless because absolute judicial immunity provided a complete defense. Because a defense may not be considered in determining whether the plaintiff has satisfied the jurisdictional amount, the district court erred in excluding Brauti-gam’s valuation of these damages from consideration. See Kovacs [v. Chesley ], 406 F.3d [393,] 396 [(6th Cir. 2005)]. The district court also erred in excluding Brautigam’s malpractice damages from consideration. Those damages derived from Damon’s handling of the Hackett litigation. Brautigam maintained that Hackett settled a lawsuit without Brauti-gam’s permission. Damon filed a state-court malpractice action against Hackett seeking damages in excess of $75,000. Damon allegedly mishandled that suit and withdrew from the litigation, forcing Brautigam to proceed pro se and resulting in a judgment in Hackett’s favor. Brautigam appealed, and the state court of appeals concluded that because Brau-tigam never returned his settlement payment, Brautigam could not maintain an action attacking that settlement. The district court determined that because Damon’s action against Hackett could not succeed, Brautigam’s action against Damon was valueless. In his complaint, Brautigam alleged that had Damon handled the Hackett litigation appropriately, including advising him to return the settlement money, it would have been successful.
In Ohio, a legal malpractice claim has four elements: (1) there was an attorney-client relationship giving rise to a duty; (2) the attorney breached that duty; (3) the plaintiff suffered damages; and (4) the damages were proximately caused by the attorney’s breach. E.B.P., Inc. v. Cozza & Steuer [119 Ohio App.3d 177], 694 N.E.2d 1376, 1378 (Ohio Ct. App. 1997), “[A] settlement of the underlying action [does not] always operate[ ] as a waiver of a client’s malpractice claim against his attorney.” Id. at 1379. Thus, Brautigam has stated a claim under Ohio law. Crosthwaite argues that Brautigam cannot establish causation. But Brautigam is not required to prove causation to satisfy the amount-in-controversy requirement. See Kovacs, 406 F.3d at 397; Vahila v. Hall [77 Ohio St.3d 421], 674 N.E.2d 1164, 1168-69 (Ohio 1997). Whether the claim will succeed is a merits assessment. Thus, on the face of Brautigam’s complaint, it does not appear to a legal certainty that Brautigam has not satisfied the jurisdictional amount,... the district court should not have dismissed this action for lack of subject-matter jurisdiction.
The district court dismissed Brautigam’s claims against the Deters defendants for breach of fiduciary duty, legal malpractice, unjust enrichment, and negligence. On appeal, Brautigam argues that his claims should not have been dismissed because he continued to receive legal bills from Damon while Damon was employed at Eric C. Deters & Associates, and Damon corresponded with him using Eric C. Deters & Associates’ stationery. The attorney-client relationship is terminated when there is an affirmative act by either party signaling the end of the relationship. Flynt v.

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Cite This Page — Counsel Stack

Bluebook (online)
697 F. App'x 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-brautigam-v-geoffrey-damon-ca6-2017.