Posts by David Drescher:
WV: Legal Malpractice Claims Limited for Estate Beneficiaries
Calvert v. Scharf, 217 W. Va. 684 (2005) WV: Wills, Trusts, and Estates Student Contributor: Rachel Vincent Facts: Estate administrator and will beneficiaries are suing attorney for legal malpractice in …
- Posted on: May 13 2013
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IL: Legal Malpractice Summary Judgements Denied!
Racquet v. Grant, 318 Ill. App. 3d 831 (2000) IL: Underlying Property action Student Contributor: Rachel Vincent Facts: Plaintiff’s were being sued by their neighbor who was trying to enjoin …
- Posted on: May 10 2013
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WV: Legal Malpractice Immunity for Federal Prosecutors
Mooney v. Frazier, 225 W. Va. 358 (2010) WV: Criminal Law Student Contributor: Rachel Vincent Facts: Plaintiff is suing his attorney for ineffective assistance of counsel. Plaintiff came home form …
- Posted on: May 6 2013
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CA: Legal Malpractice Defenses: Contributory Negligence
Theobald v. Byers, 193 Cal. App. 2d 147, 13 Cal. Rptr. 864 (1961) CA: Underlying Loan Transaction; Debtor Creditor Student Contributor: Louis Dell Facts: The plaintiffs hired the defendant …
- Posted on: Apr 26 2013
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SC: No Privity with Trust Beneficiaries, No Fiduciary Duty
Argoe v. Threee Rivers Behavioral Center and Psychiatric Solutions, 388 S.C. 394, 697 S.E.2d 551 (2010) SC: Underlying Trusts, Real Estate; Breach of Fiduciary Duty Student Contributor: Nicholas Seabrooks Facts: Martha …
- Posted on: Apr 19 2013
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S.C. Legal Malpractice: No Guarantee for Underlying Arbitration Outcome
Harris Teeter, Inc. v. Moore & Van Allen, PLLC, 390 S.C. 275, 701 S.E. 2d 742 (2010) S.C. Underlying arbitration/breach of lease Student Contributor: Nicholas Seabrooks Facts: Harris Teeter was a …
- Posted on: Apr 17 2013
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NY: Statute of Limitations Retroactive Application
Berman v. Cullen & Dykman et al., 291 A.D.2d 518, 739 N.Y.S.2d 169 (2002) NY: underlying commercial transaction, security interest, financing statement Student Contributor: Alexis Trezza Facts: Defendants represented plaintiffs …
- Posted on: Apr 12 2013
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IL: High Fee Doesn't Necessarily Mean Unreasonable Fee
Premier Networks, Inc. v. Stadheim & Grear, Ltd., 395 Ill. App. 3d 629, 632 (2009) IL: Patent Law Student Contributor: Rachel Vincent Facts: Patent owner (Premier) is suing law firm …
- Posted on: Feb 15 2013
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NY: Plaintiffs Who Did Not Read Settlement Stipulation Sue for Malpractice
Arnav Indus., Inc. Ret. Trust v. Brown, Raysman, Millstein, Felder & Steiner, L.L.P, 751 N.E.2d 936, 938 (N Y. 2001). NY: Underlying Loan Payback Case Student Contributor: Le-el D. Sinai …
- Posted on: Feb 4 2013
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TX: No sanctions for Law Firms for Frivolous Litigation (But not so individual attorneys)
Yuen v. Gerson, 342 S.W.3d. 824 (Tex. App. 2011) TX: Civil procedure Student contributor: David Yanoff Facts: Gerson represented Paul Law in a separate lawsuit. When Gerson withdrew, Law retained Yuen …
- Posted on: Jan 29 2013
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