Posts by Ben Wasserman:
NY: Uninsured Attorney Escrow Accounts: Malpractice?
Bazinet v. Kluge, 14 A.D.3d 324, 325, 788 N.Y.S.2d 77, 77-78 (2005) NY: Attorney Escrow Accounts Student Contributor: Steven Henesy FACTS: Attorney was the escrow agent for the owner of …
- Posted on: Jun 18 2012
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FL: Sued by Client at the Last Minute; Will my Soon to Expire Insurance Cover Damages?
Gulf Insurance Co. v. Dolan, Fertig and Curtis, 433 So. 2d 512 (Fla. 1983) FL: Underlying Malpractice Claim Insurance Coverage Student Contributor: David Drescher FACTS: Dolan, Fertig and Curtis was …
- Posted on: Jun 18 2012
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NY: The Retainer Agreement as a Checklist of Duties
Douglas v. Dashevsky, 62 A.D.3d 937 (2009). NY: Employment Law Student Contributor: Nicholas Tam Facts: In 2002, plaintiff retained the attorney to represent her in a claim of employment discrimination. …
- Posted on: Jun 8 2012
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NY: Due Diligence in Real Estate Transactions: §1031 Exchanges
Winters v. Dowdall 63 A.D.3d 650 (1st Dep’t 2009). NY: Real Estate Transaction Student Contributor: Nicholas Tam Facts: Plaintiff was selling New York real estate in accordance with exchange transactions …
- Posted on: Jun 7 2012
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CT: Lack of Expert Testimony Kills A Legal Malpractice Claim Couched As a Breach of Fiduciary Duty Claim
Marciano v. Kraner, 126 Conn. App. 171, appeal denied, 300 Conn. 922 (2011) CT: Underlying Wills, Trusts, and Estates Disputes Student Contributor: Jennifer Hanley Facts: Client’s parents were older and …
- Posted on: Jun 4 2012
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ABA National Legal Malpractice Conference in NYC April 18-20
The Legal Malpractice Law Review and legalmalpractice.com are pleased to be among the sponsors of the Spring 2012 American Bar Association National Legal Malpractice Conference, which will take place at New …
- Posted on: Apr 14 2012
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NY: Do Attorneys Owe a Fiduciary Duty to Limited Partners?
Eurycleia Partners, LP v. Seward &Kissel, LLP, 12 N.Y.S. 3d 553(2009) NY: Underlying Securities Fraud Student Contributor: Mordechai Goldenberg Facts: Plaintiffs are limited partners in a hedge fund that was …
- Posted on: Apr 3 2012
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NJ: Affidavit of Merit Statute and Lateness
Stoecker v. Echevarria, 975 A. 2d 975 – NJ: Appellate Div. 2009 Student Contributor: Christine Maharaj NJ: Underlying Real Estate Transaction Facts: Plaintiff brought malpractice claim against defendant (attorney) but …
- Posted on: Apr 2 2012
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FL: Defendant Can Raise Affirmative Defense SOL in Answer in Complaint Does Not Show the Cause is Time Barred
Jelenc v. Draper, 678 So.2d 917 (Fla. App. 1996) Student Contributor: Ross Eisenberg FL: Underlying Personal Injury Facts: Plaintiffs retained the Defendant law firm for a personal injury action. The …
- Posted on: Mar 29 2012
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PA: Burden of Proof Preponderance of the Evidence for Proximate Cause
Ferencz v. Milie, 535 A.2d 59 (1987) PA: Underlying negligence and malpractice claim Student Contributor: Christina Tsirkas FACTS: Client slipped and fell on an icy patch in a hospital parking …
- Posted on: Mar 29 2012
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