Posts by Ben Wasserman:
W.VA: The Fine Art of Shifting the Blame for Legal Malpractice
Sheetz, Inc. v Bowles Rice McDavid Graff & Love, PLLC, 209 W Va 318, 547 SE2d 256 (2001) Underlying Case: W VA – employment law Student Contributor: Tolu Akinsanya Facts: …
- Posted on: Mar 15 2013
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TX: No duty to non-clients?
Span Enterprises v. Wood, 274 S.W.3d. 854 (Tex. App. 2008) TX: Securities law Student Contributor: David Yanoff Facts: Plaintiffs were an investor (Amin) and his corporation (Span). Defendant was an …
- Posted on: Mar 13 2013
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IL: Does an Indemnification Clause Mean You Didn't Incur Damages?
Learning Curve Int’l, Inc. v. Seyfarth Shaw, LLP, 392 Ill. App. 3d 1068 (2009) IL: Underlying trade secret theft litigation Student Contributor: Rachel Vincent Facts: Learning Curve filed legal malpractice …
- Posted on: Mar 11 2013
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NY: No Damages, no Cause of Action
Brodeur v. Hayes, 18 A.D.3d 979, 795 N.Y.S.2d 761 (2005) NY: underlying suit on personally guaranteed notes Student Contributor: Alexis Trezza Facts: Defendant and his law firm represented plaintiff and …
- Posted on: Mar 6 2013
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NY: Plaintiff's Dissatisfaction with Settlement Not Enough to Prove Malpractice
Sevey v. Friedlander, 83 A.D.3d 1226, 920 N.Y.S.2d 831 (2011) NY: Underlying divorce action Student Contributor: Alexis Trezza Facts: Defendant represented plaintiff in a divorce action. Prior to trial, a …
- Posted on: Mar 4 2013
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Idaho: Assignment of a Commercial Legal Malpractice Claim Approved. Sometimes.
St. Lukes Magic Valley Regional Medical Center v. Luciani, 2013 WL 275974 (Idaho) Undelrying: Employment law litigation FACTS: Lawyer, representing hospital in underlying employment litigation was terminated by Hospital. New …
- Posted on: Feb 28 2013
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US Supreme Court: Patent Based Legal Malpractice Cases Belong in State Court!
Gunn v. Minton, __ 568 U.S. ___ (February 20, 2013) Underlying Case: Legal Malpractice based on patent law A MAJOR DEVELOPMENT From the Syllabus of the Decision: "No matter how …
- Posted on: Feb 21 2013
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NC: Firm LLC Agreements Do Not Create Fiduciary Duties to Third Parties
Babb v. Bynum & Murphrey, PLLC, 182 N.C. App. 750, 643 S.E.2d 55 (2007) NC: Estate planning Student contributor: David Yanoff Facts: Plaintiffs were a special trustee (Babb) and a …
- Posted on: Feb 20 2013
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NC: Employer Can Not Touch Worker's Award Money from Legal Malpractice Lawsuit
Grant Construction Co. v. McRae, 146 N.C. App. 370, 553 S.E.2d 89 (2001) NC: Underlying personal injury matter Student Contributor: Nick Kingsbury Facts: Grant Construction’s worker was hurt on the …
- Posted on: Feb 11 2013
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NY: Court Says 'Malpractice is Breach of Contract' ?? The Duplicative Cause of Action.
Long v Cellino & Barnes, P.C., 873 N.Y.S.2d 805, 806-07 (App. Div 4th 2009). NY: Underlying Labor Law and Common-law Negligence Action. Student Contributor: Le-el D. Sinai Facts: Plaintiff was …
- Posted on: Feb 8 2013
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