It appears the malpractice suit brought against Wiley Rein by Blackwater Security Consulting is finally, truly finished.
The $30 million case against Wiley was dismissed on summary judgment by D.C. Superior Court Judge Jennifer Anderson in December. That was the second time the case, filed in January 2008, had been thrown out. After Anderson dismissed it the second time, Zuckerman Spaeder partner Mark Foster, who represents Wiley Rein in the matter, said Blackwater had “the right to ask more judges to look at it,” but added that he thought doing so would be a waste of time.
Ultimately, it seems Blackwater agreed. The 30-day period to file an appeal expired last Thursday, and Blackwater’s lawyer, Barry Nace of Paulson & Nace, did not appeal. Nace did not immediately return a call for comment.
Today Foster says Blackwater’s decision not to appeal is important for Wiley, which has dealt with questions from job applicants and others about whether the suit indicated the firm was in trouble.
In the suit, Blackwater alleged that Wiley had botched its defense of the security contractor in a wrongful death case brought on behalf of four Blackwater guards killed in Iraq in 2004. Blackwater claimed the suit would have been dismissed if it had been heard in federal court, instead of a North Carolina trial court. Blackwater said the Wiley lawyers failed to get a venue change.