Posts by Ben Wasserman:
TX: OOPS, EXCUSE ME WHILE I UN-RECUSE MYSELF IN A LEGAL MAL CASE
In re McKee, 248 S.W.3d 164 (2007). TX: Ministerial Duties Student Contributor: Peter J. Jannace FACTS: Petitioner sued former attorneys for malpractice in state district court. The judge voluntarily recused …
- Posted on: Dec 7 2012
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W.VA: State Appointed Counsel, State Funded Legal Malpractice Defense
Powell v Wood County Com’n, 209 W Va 639, 550 SE2d 617 (2001) Underlying: W VA – family law Student Contributor: Tolu Akinsanya Facts: James M. Powell of the Powell …
- Posted on: Dec 5 2012
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NJ: Clock doesn't start until post conviction relief is received
McKnight v. Office of Pub. Defender, 197 N.J. 180 (2008) NJ: Underlying criminal defense Student Contributor: Rachel Vincent Facts: Former client whose guilty plea was set aside, is suing attorney, …
- Posted on: Dec 3 2012
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CLE: REMINDER: NYC: DRI: PROFESSIONAL LIABILITY SEMINAR DEC. 6-7 2012
REMINDER REMINDER REMINDER PROFESSIONAL LIABILITY SEMINAR DECEMBER 6-7, 2012 SHERATON NEW YORK HOTEL, NYC JOIN US AND GET YOUR CLE CREDITS BEFORE THE END OF THE …
- Posted on: Nov 30 2012
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NY: Timing is everything: claims for legal malpractice and breach of fiduciary duty may not necessarily be duplicative
Neuman v. Frank, 82 A.D.3d 1642, 919 N.Y.S.2d 644 (2011) NY: claim for legal malpractice and breach of fiduciary duty Student Contributor: Alexis Trezza Facts: Plaintiff David Neuman brought an …
- Posted on: Nov 30 2012
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NJ: Settlement of underlying individual claims doesn't preclude derivative malpractice claims
Schulman v. Wolff & Samson, PC, 401 N.J. Super. 467 (App. Div. 2008) NJ: Underlying corporate litigation Student Contributor: Rachel Vincent Facts: Defendants, minority shareholders, are suing attorney for legal …
- Posted on: Nov 28 2012
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NJ: Expert witness not needed to prove res ipsa
Jerista v. Murray, 185 N.J. 175 (2005) NJ: Underlying personal injury Student Contributor: Rachel Vincent Facts: Plaintiffs are suing attorney for legal malpractice alleging that attorney negligently failed to prosecute …
- Posted on: Nov 26 2012
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WV: Must have "joint venture" in order for local counsel to be vicariously liable
Armor v. Lantz, 207 W. Va. 672 (2000) WV: Torts – Products Liability Student Contributor: Rachel Vincent Facts: Clients brought legal malpractice action against attorney who acted as local counsel …
- Posted on: Nov 23 2012
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TX: Claim must depend on outcome of case to toll during appeal
Pollard v. Hanschen, 315 S.W.3d 636 (Tex. App. 2010) TX: Family Law Student contributor: David Yanoff Facts: Defendant represented plaintiff in a divorce action. After a fee dispute, defendant withdrew …
- Posted on: Nov 21 2012
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TX: No sanctions for Law Firms for Frivolous Litigation
Yuen v. Gerson, 342 S.W.3d. 824 (Tex. App. 2011) TX: Civil procedure; sanctions Student contributor: David Yanoff Facts: Gerson represented Paul Law in a separate lawsuit. When Gerson withdrew, Law …
- Posted on: Nov 19 2012
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