Posts by Ben Wasserman:
PA: Lawyer's Fraud as Basis for Malpractice
O’Callaghan v. Weitzman, 436 A.2d 212 (Pa. Super. Ct., 1981) PA Underlying Tort Action. Student Contributor: Colleen Gaedcke Facts: The plaintiffs, husband, wife and daughter, brought a fraud and legal …
- Posted on: Jun 23 2010
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Wisconsin: Public Policy Defense in Legal Malpractice
Bolte v. Joy, 150 Wis.2d 744,443 N.W.2d 23(Ct. App. 1989) Wis. underlying insurance claim Student contributor: Cheryl Neuman Facts: Plaintiff owned a building that was destroyed by fire and retained …
- Posted on: Jun 22 2010
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NY: Case Within the Case: The Great Excuser for Lawyer Carelessness?
Yousian v. Eisenberg, 34 A.D.3d 228 (2006) NY Underlying Medical Malpractice Action Student Contributor: Ally Shuster Facts: Plaintiff went to hospital complaining of gastrointestinal pain. Over the next few months, …
- Posted on: Jun 21 2010
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NY Proximate Cause; Faulty Assessment of Chance of Winning at Trial: Should I have Settled Instead?
Leder v. Spiegel 31 AD3d 266, aff’d 9 N.Y.3d 836, 872 N.E.2d 1194 N.Y., 2007 NY Underlying probate Student Contributor: Ryan O’Donnell Facts: Defendant represented plaintiff in an underlying probate …
- Posted on: Jun 17 2010
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NY Duty to Investigate
Thompson v. Seligman 53 A.D.3d 1019, 863 N.Y.S.2d 285 (A.D. 3 Dept., 2008). NY: Litigation, Duty to Investigate Student Contributor: Ryan O’Donnell Facts: Plaintiff was employed by AMFAC Recreational Services, …
- Posted on: Jun 17 2010
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NY: Blown Statute? No prob. Argue No Proximate Cause!
Erdman v. Dell 50 A.D.3d 627, 854 N.Y.S.2d 755 N.Y.A.D. 2 Dept., 2008. NY Undelrying personal injury; worksite accident; scaffolding Student Contributor: Ryan O’Donnell Facts: Client filed a legal malpractice …
- Posted on: Jun 16 2010
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Conflicts of Interest in Commercial Transactions: Representing Multiple Parties
Dessel v. Dessel and Donohue,431 N.W.2d 359 (Sup. Ct. 1988). Iowa underlying partnership dissolution Student contributor: Cheryl Neuman Facts: Two brothers, James and George, were partners in a business and …
- Posted on: Jun 15 2010
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Disengaging from Long-Standing Clients
Rice v. Forestier, 414 S.W.2d 711 (Civ. App. 1967) TX. underlying bankruptcy proceeding Student contributor: Cheryl Neuman Facts: Plaintiff retained defendant attorney for various matters, both in business and personally. …
- Posted on: Jun 14 2010
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NY: Malpractice in the Surrogate Court
In re Estate of Remsen, 99 Misc. 2d 92 (N.Y. Sur. Ct. 1979) NY Underlying Will Transaction Student Contributor: Melissa Goldberg Facts: Decedent died leaving a last will and testament …
- Posted on: Jun 11 2010
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Ohio on Vicarious Liability of the Law Firm
Natl. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth, 122 Ohio St.3d 594, 2009-Ohio-3601 Underlying Action: Insurance (Ohio) Student Contributor: Candice L. Deaner Facts: The plaintiff retained a law firm’s …
- Posted on: Jun 10 2010
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