WY: Establishing Proximate Cause
Rivers v. Moore, Myers & Garland, LLC, Supreme Court of Wyoming, Appellate Division, July 28, 2010. Facts: Rivers alleged that the Defendants committed malpractice by failing to adequately warn him of ...
NJ: Standard of Care in Drafting Settlement Agreements
Porreca v. City of Millville, N.J. App. Div., January 24, 2011. Facts: Porreca sued the City of Millville and demanded counsel fees in his pleading. Eventually, the parties decided to ...
NJ: Standing, Statute of Limitations and the Relation Back Doctrine
Siete Urban Associates, LLC v. Pitney, Hardin, Kipp & Szuch, N.J. App. Div., October 25, 2010. Facts: Siete’s claim against its’ predecessor’s (OWPURA) former attorneys allegedly arose from defendants’ representation of OWPURA during ...
NJ: Innocence is Not a Prerequisite to Malpractice Suits by Criminal Defendants
Marrero v. Feintuch, N.J. App. Div., January 25, 2011. Facts: Marrero was convicted of armed robbery and sentenced to five years prison. After serving one year and eight months, Marrero ...
NJ: Court Refuses to Apply Common Knowledge Exception, Dismisses Claim for Failure to Provide Affidavit of Merit
Prosser v. Zeldin, NJ App. Div., December 30, 2010. Facts: Plaintiff filed suit against his attorney in the underlying divorce action. Plaintiff alleged he was "coerced into agreeing" to the divorce ...
AL: Lawyers' "unsubstantiated and incomplete arguments"
Taylor v. Stevenson, 820 So.2d.810 (2001) AL: Underlying action for battery and invasion of privacy Student Contributor: Farah Shahidpour Facts: Client hired Attorneys to represent her in a suit for ...
CT: Client Can't Dodge SOL by Disguising Tort As Breach of Contract
Caffery v. Stillman, 79 Conn. App. 192, 829 A.2d 881 (Conn. App. 2003) CT: Underlying workers’ compensation action Student Contributor: Laura Binski Facts: On April 16, 1992, the client sustained ...
PA: No Vicarious Liability if Lawyer Did Not Act in the Scope of His Employment
Atkinson v. Haug, 622 A.2d 983 (Pa. Super. 1993). PA: Underlying real estate investment Student Contributor: Laura Binski Facts: Atkinson entered into a partnership agreement for an apartment complex with ...
GA: Suing for fees: A New Twist?
Levine v. Television Cablecasting, Inc., 581 S.E.2d 734 (2003) GA: Underlying divorce action Student Contributor: Farah Shahidpour Facts: Wife inherited title to a farm. She later transferred title to Television ...
NJ: Lawyers' Duty to Third Parties
Rathblott v. Levin, 697 F. Supp. 817 (D.N.J. 1988) NJ: Underlying dispute over a will Student Contributor: Laura Binski Facts: Albert Rathblott (the client) died from cancer on October 19, ...