Sean X. Kelly of Marks, O’Neill’s New Jersey office recently obtained summary judgment in an attorney malpractice case, which alleged that an attorney was negligent for failing to fully explain the terms of a settlement agreement to a client.  Our team filed a motion seeking to strike plaintiff’s expert,  arguing that the report and testimony constituted a baseless net opinion. The trial court held an evidentiary hearing.  After cross-examination, the Court struck the experts testimony agreeing with our position that the expert misstated the standard of care and that there was no evidence in the record that the plaintiff would have fared better at trial.  In the absence of an expert, the Court dismissed the case with prejudice.