Buckles wants appellate court to answer another question in legal malpractice suit

By Amelia Flood | Sep 30, 2010


The plaintiff in a long-running asbestos legal malpractice case against big-time Madison County attorneys wants another question directed to the appellate court.

Madison County Circuit Judge Barbara Crowder is scheduled to hear the plea Monday at 9 a.m.

Plaintiff Judy Buckles wants the appellate court to answer whether she is entitled to all the fees she paid the former Hopkins Goldenberg law firm – now Goldenberg Heller, Antognoli, and Rowland of Edwardsville – because the firm entered into a fee sharing agreement without her consent.

Buckles has already asked the appellate court to overturn two summary judgment orders in the case.

Buckles originally sued the Goldenberg firm, John Simmons and his law firm, and attorney William Miller for allegedly botching the settlements of some of her late husband's mesothelioma claims in the late 1990s.

Buckles originally filed suit in 2001.

She dropped that case and re-filed in five years later.

The suit had been set for trial earlier this year but was pushed off several times.

The last trial setting to be canceled was scrapped due to the pending appeals.

At this point in the case, the Goldenberg firm is the only defendant left standing.

John Simmons and his firm were granted summary judgment several years ago.

There was a move to bring the Simmons defendants back into the case in February.

Crowder denied that move in March.

The Goldenberg firm has won partial summary judgment but Buckles is appealing that ruling.

Miller was also dismissed from the case.

Roy Dripps represents Buckles.

Daniel Konicek and John Papa represent the Goldenberg firm.

The case is Madison case number 06-L-588.

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