Law Firm Must Face Malpractice Suit Over Emissions Requirements

摘要

An Ohio egg farm’s lawsuit alleging a law firm failed to include the proper terms regarding emissions requirements in a lease agreement is timely and can proceed, a federal court in thestate ruled.Ohio Fresh Eggs LLC and Ohio Investments Co. LLC decided to “exit the egg business” in 2011, and it retained Iowa-based Smith & Kramer PC to negotiate a lease of its facilities to TrilliumHoldings LLC. The law firm drafted the agreements, but it failed to notify Trillium of a consent decree with the Environmental Protection Agency, according to the complaint in the U.S.District Court for the Southern District of Ohio.The agreements also didn’t require Trillium to comply with the consent decree, which mandated upgrades to the facilities to bring them into compliance with emissions standards, thelawsuit says. The EPA later told Trillium it was considering taking action for failing to comply with the consent decree.