Posts by legalmalpractice:
Duration of the Representation: An Element of the Substantial Factor Test
Johnson v. Schragger, Lavine, Nagy & Krasny, 340 N.J. Super. 84 (App. Div. 2001) NJ Underlying Commercial Action Student Contributor: Natalie Resto Facts: Johnson hired the Defendant law firm to …
- Posted on: Mar 1 2010
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Fiduciary Duties to Third-Parties: No Affirmative Misrepresentations
Petrillo v. Bachenberg, 139 N.J. 472 (1995) Student Contributor: Evan Kusnitz NJ Underlying Real Estate Transaction Facts: A purchaser of real estate sued the seller and the seller’s attorney. The …
- Posted on: Feb 12 2010
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Ineffective Assistance of Counsel: Bar to Civil Action for Legal Malpractice
Alevras v. Tacopina, 399 F.Supp.2d 567 (D.N.J. 2005) NJ Underlying criminal action Student Contributor: Colleen Gaedcke Facts: The plaintiff was indicted and prosecuted on various counts of criminal violations in …
- Posted on: Feb 11 2010
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What Might Have Happened: Hypotheticals Don't Establish Proximate Cause
Contel Global Marketing, Inc. v. Dreifuss, 2010 WL 374946 (App. Div. Feb. 4, 2010) NJ Underlying Commercial Action Facts: Contel, a New Jersey business venture that imported fruit from …
- Posted on: Feb 9 2010
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Insurers Beware: Disingenuous Disclaimers Result in Award of Attorney's Fees
Guarantee Insurance Co. v. Saltman, 217 N.J. Super. 604 (App. Div. 1987) NJ Underlying Insurance Action Student Contributor: Colleen Gaedcke Facts: A few months after obtaining professional malpractice …
- Posted on: Feb 8 2010
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"Loss of Liberty": Damages for Negligent Infliction of Emotional Distress in Legal Malpractice
Lawson v. Nugent, 702 F. Supp. 91 (D.N.J. 1988) NJ Underlying Criminal Action Student Contributor: Colleen Gaedcke Facts: The plaintiff retained the defendant attorney as defense counsel after being indicted …
- Posted on: Jan 22 2010
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PA: Multiple Defendants, Single Certificate of Merit
Salamoni v. Karoly, 2005 WL 3823056, 74 Pa. D. & C.4th 378 (Pa.Com.Pl. 2005) PA Underlying personal injury claim Student Contributor: Christopher S. Henn Facts: Plaintiff suffered personal injuries after …
- Posted on: Jan 20 2010
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NY: Goodbye "But For" Hello "Substantial Factor" Causation Rule for Breach of Fiduciary Duty
Milbank, Tweed, Hadley & McCloy v. Boon, 13 F.3d 537 (2nd Cir. 1994) NY Underlying Commercial Action/Conflict of Interest Student Contributor: John Anzalone Facts: Defendant law firm represented Plaintiff, through …
- Posted on: Jan 19 2010
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NJ: Workers Compensation Liens Attach to Legal Malpractice Recovery
Utica Mutual. Ins. Co. v. Maran & Maran, 142 N.J. 609 (1995) NJ Underlying workers comp proceeding Student Contributor: Lisa Larato Facts: Defendant Ingala sustained work related injuries and had been …
- Posted on: Jan 18 2010
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PA: No Duty to Non-Clients
Cost v. Cost, 450 Pa. Super. 685 (1996) PA Underlying Commercial Action Student Contributor: Rachel Morris Facts: In connection with the “buyout” of ownership interests in several family businesses, the Plaintiff …
- Posted on: Jan 1 2010
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