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A toy manufacturer was sued in a products liability case in State A. The defendant toy manufacturer's lawyer filed a motion to dismiss plaintiff's complaint
A toy manufacturer was sued in a products liability case in State A. The defendant toy manufacturer's lawyer filed a motion to dismiss plaintiff's complaint but, in the brief that accompanied defendant's motion, failed to cite a 25-year-old State A supreme court decision that supported the defendant's position. Although the plaintiff's attorney was aware of that prior state supreme court decision and knew that it was directly adverse to the plaintiff's position, plaintiff's attorney did not cite the State A supreme court decision in plaintiff's opposition brief because the attorney had a good faith basis for arguing that the state supreme court decision should be reversed in light of subsequent legal developments and because the client wished not to cite it. Is plaintiff's attorney subject to discipline
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