Posts by legalmalpractice:
Vicarious Liability: The "Of Counsel" Relationship
Staron v. Weinstein, 305 N.J. Super. 236 (App. Div. 1997). Student Contributor: Daniel Schick NJ Underlying Personal Injury Action Facts: Staron was allegedly injured in an auto accident in October, …
- Posted on: Apr 20 2010
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NJ: Legal Malpractice and Appellate Procedure
Gautum v. Conte, 239 N.J. Super.362 (App. Div. 1990) Student Contributor: Daniel Schick NJ Underlying Medical Malpractice Action Facts: Plaintiffs retained Conte to represent them in a medical malpractice claim. …
- Posted on: Mar 26 2010
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PA: The Fair Report Privilege
Doe v. Kohn Nast & Graf, P.C., 866 F.Supp. 190 (1994) Student Contributor: Justin Lieberman Underlying Employment Matter Facts: Plaintiff attorney who was infected with Human Immunodeficiency Virus brought an …
- Posted on: Mar 25 2010
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PA: Settlement Not Always a Bar to Malpractice Action
McMahon v. Shea, 547 Pa. 124 (1997) Student Contributor: Justin Lieberman Underlying Divorce Matter Facts: The husband in an underlying divorce action brought a professional malpractice suit against his attorneys, …
- Posted on: Mar 24 2010
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PA: Partial Protection under the Attorney-Client Privilege
Coregis Insurance Co. v. Law Offices of Carole F. Kafrissen, 186 F. Supp.2d 567 (3d Cir. 2002) Underlying Legal Malpractice Action Student Contributor: Justin Lieberman Facts: An attorney was sued …
- Posted on: Mar 23 2010
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Smith v. Spisak: Supreme Court Bars Ineffective Assistance of Counsel Claim Based On Client's Admissions
Smith v. Spisak, 130 S.Ct. 676 (Jan. 12, 2010). Underlying Criminal Matter Facts: Frank G. Spisak, Jr. was convicted in an Ohio trial court of three murders and two attempted …
- Posted on: Mar 22 2010
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Emotional Distress Damages: Tied to the Interest Protected by the Attorney-Client Relationship
Kohn v. Schiappa, 281 N.J. Super. 235 (1995) NJ Underlying Adoption Action Student Contributor: Daniel Schick Facts: Plaintiffs retained counsel to assist them in adopting a child. Defendant’s alleged malpractice …
- Posted on: Mar 5 2010
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Establishing Damages with Reasonable Certainty: An Element of Proximate Cause
Boyer v. Walker, 714 A.2d 458 (Pa. Super. Ct. 1998) PA Underlying Commercial Action Student Contributor: John Anzalone Facts: Plaintiffs became junior lien holders when they issued a mortgage to …
- Posted on: Mar 4 2010
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NJ: Limitations on Duties to Third-Parties
Estate of Albanese v. Lolio, 393 N.J. Super. 355 (App. Div. 2007). NJ Underlying Probate Matter Student Contributor: Natalie Resto Facts: The decedent was survived by three daughters, all beneficiaries …
- Posted on: Mar 3 2010
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Choice of Law in Underlying Action Governs Malpractice Action
Boyson v. Archer & Greiner, P.C., 308 N.J. Super. 287 (App. Div. 1998) NJ Underlying Products Liability Action Student Contributor: Natalie Resto Facts: The Defendant law firm was hired by …
- Posted on: Mar 2 2010
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