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Philadelphia Indemnity Insurance Company v. Martin J. O’Leary, et al.

Paid petition · Supreme Court of Montana, No. DA 23-0333 · judgment October 22, 2024


Certiorari denied · May 27, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

Is a lawyer with a multi-jurisdictional law practice subject to specific personal jurisdiction for a legal malpractice claim in a state where the lawyer is not licensed and the lawyer’s firm has no offices when the lawyer’s legal advice to a client concerning the state where the lawyer is not admitted caused the lawyer’s client to be sued and subject to specific personal jurisdiction in the state about which the lawyer provided advice.

Counsel of record

For petitioner
Carrie Ellen Cope
Cope Ehlers, PC

For respondent
David Matthew McLean
McLean & Associates, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 27 2025
    Petition DENIED.
  2. May 20 2025
    Reply of petitioner Philadelphia Indemnity Insurance Company filed. (Distributed)
  3. May 06 2025
    DISTRIBUTED for Conference of 5/22/2025.
  4. Apr 21 2025
    Brief of respondents Martin J. O’Leary, et al. in opposition filed.
  5. Jan 17 2025
    Petition for a writ of certiorari filed. (Response due April 21, 2025)