Malpractice Action Preempted by ERISA?
Taylor v. UAW-GM Legal Services Plan, et al., United States District Court, N.D. Ohio, August 13, 2010. Facts: Plaintiff, a participant in the UAW-GM Legal Services Plan, filed the instant action for ...
TX: The Need for Expert Testimony
Bagan v. Karl Hays, et al., Court of Appeals of Texas, Third District, August 12, 2010. Facts: The Defendant attorney served as Plaintiff’s divorce attorney in the underlying matrimonial action. ...
CA: Duties to Third-Parties
Wechter v. Schroeder, Comis, Nelson & Kahn, LLP, Court of Appeals of California, Second Circuit, May 3, 2010 (Unpublished). Facts: Decedent died shortly before the division of marital property and entry of ...
'Settle and Sue' New York Style
Ambra v. Awad, 2010 NY Slip Op, Supreme Court of New York, Nassau County, April 13, 2010. Facts: Plaintiff filed suit against the defendant attorneys after entering into a settlement ...
PA: Assignment of Legal Malpractice Actions
Ammon v. McClosky 440 Pa.Super. 251, 655 A.2d 549 Pa.Super (1995) PA: Underlying personal injury action Student Contributor: Ryan O’Donnell Facts: Ammon was injured in an automobile accident and sued ...
E.D.Pa. Attorneys Fees a Damages Offset in Legal Malpractice Actions?
Duncan v. Lord, 409 F.Supp. 687 (E.D. Pa, 1976) Underlying action: legal malpractice money damages Student Contributor: Ryan O’Donnell Facts: Attorney was found liable for malpractice. In a post trial ...
NJ: Expert Testimony on Settlement Value
Fuschetti v. Berman 128 N.J. Super. 290, 319 A.2d 781 (Law Dvi. 1974) NJ: Underlying personal injury action; statute of limitations Student Contributor: Ryan O’Donnell Facts: Plaintiff slipped and fell ...
GA: Underlying Employment Discrimination: Case Within a Case
Walker v. Burnett, 241 Ga. App. 105,526 S.E.2d 109 (1999) Underlying Action: Discrimination Action (Georgia) Student Contributor: Candice L. Deaner Facts: Legal malpractice action against attorney who represented Plaintiff in federal ...
NJ: Long Arm Jurisdiction in Malpractice Actions, Gets Even Longer
Halley v. Myatt, Superior Court of New Jersey, Appellate Division, May 3, 2010 Facts: Plaintiffs retained a New York attorney, not licensed in New Jersey, to represent them in negotiating ...
NJ: "Equitable Exceptions" to Settle and Sue
Heathcote v. Gidding, Superior Court of New Jersey, Appellate Division, August 11, 2010 Facts: After the conclusion of the underlying matrimonial action, Plaintiff asserted a variety of instances in which ...