Posts by legalmalpractice:
MI: Counsel's Trial Strategy Not Actionable as Malpractice
Harris v. Farmer, Court of Appeals of Michigan, February 4, 2010 Facts: Defendant served as Plaintiff’s court-appointed attorney in a criminal proceeding in which plaintiff was charged with identity theft. …
- Posted on: Jul 22 2010
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NY: In House Counsel is Fiduciary First, Employee Later
Keller v. Loews Corp., 895 NYS 2d 376 (2nd Dept. 2010) Facts: In house counsel sued for religious discrimination after the termination of his employment. The defendant counterclaimed for breach of …
- Posted on: Jul 21 2010
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NY: Fee Dispute, Malpractice, and Res Judicata
Liberty Associates v. Etkin, 2010 NY Slip Op 225 (2nd Dept. Jan. 10, 2010) Facts: In March, 2002, the plaintiff, Liberty Associates, commenced an action to recover damages for legal …
- Posted on: Jul 20 2010
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NY: Collateral Estoppel No Defense to Legal Malpractice Action
Alaimo v. McGeorge, 893 N.Y.S.2d 331 (3rd Dept. 2010) Underlying Personal Injury Action Facts: Plaintiffs initiated a pro-se personal injury action in 1999. In May, 2004, Plaintiffs retained the defendant …
- Posted on: Jul 19 2010
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"Bad Faith": A Prerequisite to NJ Frivolous Litigation Sanctions
Torgro Limousine Service, Inc v. 76 Carriage Co., Inc., Superior Court of New Jersey, Appellate Division, May 25, 2010 Facts: The defendant filed suit against the plaintiff in Pennsylvania for …
- Posted on: Jul 2 2010
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TX: Expert Testimony Necessary to Establish Proximate Cause
Primis Corp. v. Milledge, Court of Appeals of Texas, Fourteenth District, Houston, May 27, 2010 Facts: Defendants agreed to represent the plaintiffs in a certain lawsuit and plaintiffs paid the …
- Posted on: Jul 1 2010
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NY: Increased Liability for Estate Planning Attorneys
Estate of Schneider v. Finmann, Court of Appeals of New York, June 17, 2010 Facts: The defendant attorney represented decedent Saul Schneider from April 2000 to his death in October …
- Posted on: Jun 30 2010
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NJ Supreme Court: Ferreira Conference is Not a Tolling Device
Paragon Contractors, Inc. v. Peachtree Condominium Association et al., New Jersey Supreme Court, June 28, 2010 Facts: Plaintiff Paragon Contractors, Inc. sued defendant Peachtree Condominium Association for payment for construction …
- Posted on: Jun 29 2010
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NY: Illusion of "Factual Issues" No Bar to Summary Judgment
Benaquista v. Burke, Supreme Court of New York, Appellate Division, Third Department, June 10, 2010 Facts: Plaintiff and his mother co-owned various corporations and the Defendant attorney represented the corporation …
- Posted on: Jun 28 2010
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NY: The Continuous Representation Doctrine
Waggoner v. Caruso, 2009 NY Slip Op 6739 (1st Dept. Sep. 29, 2009) Underlying Commerical Matter Facts: Plaintiff Waggoner retained Attorney Caruso to trace and attach the assets of Suisse Security …
- Posted on: Jun 7 2010
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