Posts by Ben Wasserman:
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: Personal injury. Premises liability Student Contributor: Adam Gardin Facts: Plaintiff commenced an action against defendants for failing to …
- Posted on: Aug 30 2012
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Fed. Cir.: Finding Federal Jurisdiction for a Legal Malpractice Claim
Warrior Sports, Inc. v. Dickinson Wright, P.L.L.C., 631 F.3d 1367 (Fed. Cir. 2011) MI: Patent Law Student Contributor: Stefan Campagna Facts: The underlying action was brought by a patent …
- Posted on: Aug 29 2012
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FL: Abatement (i.e., a Stay) Proper When Underlying Case Still Pending
Burgess v. Lippman, 929 So.2d 1097 (Fla. App. 2006) FL: Underlying Transaction of Sale Student Contributor: David Drescher FACTS: David Lippman retained Scott Burgess and his law firm to represent …
- Posted on: Aug 27 2012
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NY: To Prevail on Summary Judgment, Defendant Attorney Must Show That Plaintiff Is Unable To Prove Any of the Required Elements in a Legal Malpractice Case
Ehlinger v. Ferlazzo, PC, 304 AD 2d 925 (3rd Dept. 2003) NY: Underlying Divorce Action Student Contributor: Mordechai Goldenberg Facts: Plaintiff retained defendants to represent him in a divorce action …
- Posted on: Aug 23 2012
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NY: In A Legal Malpractice Case, Plaintiff Must Show "Actual Loss"
Evangelista v. Slatt, 20 AD 3d 349 (1st Dept. 2005) NY: Underlying Misappropriation Action Student Contributor: Mordechai Goldenberg Facts: Plaintiff sued a former employee to recover $7 million he allegedly …
- Posted on: Aug 20 2012
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NY: Attorney's Selection of One Among Several Reasonable Courses of Action Is Not Malpractice
Holschauer v. Fisher, 5 AD 3d 553 (2nd Dept. 2004) NY: Underlying Professional Misconduct Hearing Student Contributor: Mordechai Goldenberg Facts: Plaintiff is a physician who was charged with professional misconduct …
- Posted on: Aug 20 2012
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NY: "Substantial Relationship" as the Test for a Conflict of Interest
Lightning Park, Inc. v. Wise Lerman & Katz, P.C., 197 A.D.2d 52 (1st Dep’t 1994). NY: Contract action; real estate development Student Contributor: Nicholas Tam Facts: Plaintiffs entered into a …
- Posted on: Aug 17 2012
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PA: Joining Plaintiff's Attorneys as Defendants in Legal Mal Action
Austin J. Richards, Inc. v. McClafferty, 317 Pa. Super. 269, 538 A.2d 11 (1988). Student Contributor: Christine Maharaj PA: Underlying Real Estate Dispute Facts: Owner of real estate retained attorneys …
- Posted on: Aug 15 2012
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PA: Caution: The Dangers of a Defective Certificate of Merit
Parkway Corp. v. Edelstein, 2004 PA Super. 307, 861 A.2d 264 (2004). Student Contributor: Christine Maharaj PA: Underlying Professional Liability Action Facts: Attorneys filed a complaint in a wrongful death …
- Posted on: Aug 13 2012
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NY: Client Barred from Raising Malpractice Claim Twice Because of Res Judicata
Montalbano, Condon, & Frank, PC v. Rodi, 54 A.D.3d 1012 (App. Div. 2d Dept. 2008) NY: Client subsequently barred from raising issues it failed to raise in first malpractice dispute. …
- Posted on: Aug 12 2012
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