AR: No Liability for Errors in Judgment or Unsettled Questions of Law
Evans v. Hamby, 2011 Ark. 69 (February 17, 2011) Facts: Evans sued his former attorneys alleging that they failed to raise the defense of usury and failed to advise him ...
CA: Duty to Invoke Arb Clause, or Risk Waiver
Augusta v. Keehn & Assoc., 193 Cal.App.4th 331 (March 4, 2011). Facts: August sued his former attorney, Keehn, for legal malpractice in December, 2008. The parties’ contract included a provision ...
Aggregate Settlements: A Lawyer's Duty under R.P.C. 1.8(g)
The Tax Authority, Inc. v. Jackson Hewitt, Inc., 187 N.J. 4 (2006) NJ Underlying Commercial Action Student Contributor: Melissa Goldberg Facts: This is an appeal from the decision of the ...
NJ: Double Dipping Prohibited Under N.J.S.A. 34:15-40
"N.J.S.A. 34:15-40" "subrogation" "lien" "workers compensation"
NJ: Is it Safe to Exit?
Fraser v. Bovino, 317 N.J.Super. 23 (App. Div. 1998). Student Contributor: Lisa Larato NJ Underlying Real Estate/Land Use Transaction Facts: A deal for the sale of land fell through due ...
NJ: Exception to the American Rule for Successful Insureds
Guarantee Insurance Co. v. Saltman, 217 N.J. Super. 604, (App. Div. 1987) NJ Underlying Legal Malpractice Action Student Contributor: Colleen Gaedcke Facts: A few months after obtaining professional malpractice coverage ...
NJ: No Privity, No Problem
Rathblott v. Levin, 697 F. Supp. 817 (D.C. N.J. 1988) NJ Underlying Probate Action Student Contributor: Christopher S. Henn Facts: The decedent, an attorney, suffered esophageal cancer for ten years ...
MS: When Does the Clock Start to Tick?
Bennett v. Hill-Boren, P.C., 52 So. 3d 364 (Miss. 2011). Facts: Plaintiff sued former attorney for malpractice. Attorney argued that the statute of limitations had expired and plaintiffs’ claim should ...
CA: Interpreting the Continuous Representation Doctrine
Laclette v. Galindo, 184 Cal. App. 4th 919 (2010). Facts: The trial court retained jurisdiction after the underlying matter was settled to monitor compliance with the settlement agreement. During this ...
NE: Attorneys Owe A Duty to Direct Beneficiaries
Perez v. Stern, 777 N.W.2d 545 (Neb. 2010). Facts: Plaintiff, Guido, was the personal representative of Martinez. In that capacity, she pursued a wrongful death claim on behalf of his ...