Posts by Ben Wasserman:
NY: Switching the Burden of Proof: Defendant Lawyer Motion to Dismiss Legal Mal Case Requires Lawyer to Show that Client Would have Lost!
Middleton v. Kenny, 286 AD 2d 957 (N.Y. 4th Dept. 2001) NY: Personal Injury Student Contributor: Adam Gardin Facts: Plaintiff was represented by defendants in an underlying personal injury action …
- Posted on: Sep 21 2012
- Leave a reponse
CT: Risky to Bring Legal Malpractice Claim Without an Expert Witness
Moore v. Crone, 114 Conn.App. 443, 970 A.2d 757 (2009) CT: Underlying criminal defense matter Student Contributor: Nicholas Scot Kingsbury Facts: Client sued his former attorney claiming negligence and breach of contract …
- Posted on: Sep 19 2012
- Leave a reponse
CT: Legal Malpractice Claim Ripe to Be Heard Even Before Your Original Case is Finished
Connecticut, Ripeness, Damages
- Posted on: Sep 17 2012
- Leave a reponse
CT: Collateral Estoppel Rule May Insulate Lawyers from Malpractice Claims
Alexandru v. Strong, 81 Conn. App. 68 (2004) CT: Underlying sex discrimination matter Student Contributor: Nicholas Scot Kingsbury Facts: The client hired an attorney to represent her in a sex …
- Posted on: Sep 16 2012
- Leave a reponse
FL: Clear and Convincing Evidence Required to Establish Fraud on the Court
Cherubino v. Fenstersheib and Fox, P.A., 925 So.2d 1066 (Fla. App. 2006) FL: Underlying Automobile Action in Tort Student Contributor: David Drescher FACTS: Anthony Cherubino was involved in a car …
- Posted on: Sep 12 2012
- Leave a reponse
FL: Trust & Estate Malpractice: Third-Party Testamentary Beneficiary Has Standing to Sue for Legal Malpractice
Gallo v. Brady, 925 So.2d 363 (Fla. App. 2006) FL: Underlying Estate Planning Student Contributor: David Drescher FACTS: Ann Gasponi employed Frank R. Brady and his law firm Brady & …
- Posted on: Sep 9 2012
- Leave a reponse
NY: Actual Knowledge of Ongoing Hazardous Conditions Constitutes Constructive Notice for Each Recurring Incident
Lowe v. Spada, 282 A.D. 2d 815 (N.Y. 3rd Dept. 2001) NY: Tort Law Student Contributor: Adam Gardin Facts: Plaintiff commenced an action against defendants for failing to timely commence …
- Posted on: Sep 7 2012
- Leave a reponse
7th Cir.: When is a Prisoner Officially Free?
Woidtke v. St. Clair County, 335 F.3d 558 (7th Cir. 2003) IL: Criminal Law Student Contributor: Stefan Campagna Facts: In this malpractice case, a former state prisoner who had been …
- Posted on: Sep 5 2012
- Leave a reponse
FL: Beware Before Firing Your Lawyer
Dadic v. Schneider, 722 So.2d 921 (Fla. App. 1998) Fla. App: Underlying Foreclosure Student Contributor: Ross Eisenberg Facts: Plaintiffs filed a complaint against their lawyer alleging one count of legal …
- Posted on: Sep 3 2012
- Leave a reponse
GA: To Extend Statute of Limitations, Alleged Fraud Must Include an Aspect of Moral Turpitude
Kilby v. Shepherd, 339 S.E.2d 742 (Ga. App. 1986) GA: Underlying matter: Real Estate; Fraud Student Contributor: Paul Barnhill FACTS: Client hired attorney in connection with several deeds to real …
- Posted on: Aug 31 2012
- Leave a reponse