Posts by legalmalpractice:
PA: Injunctive Relief Available for Breach of the Rules of Professional Conduct
Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 529 Pa. 241; 602 A.2d 1277 (Pa., 1992) PA Underlying Legal Ethics Matter Student Contributor: Lisa Larato Facts: This legal malpractice action was …
- Posted on: Dec 31 2009
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NY: Tolling the Statute of Limitations for Legal Malpractice Actions
Leffler v. Mills, 285 A.D.2d 774 (3 Dept. 2001) Underlying NY Probate Action Student Contributor: Marina Kritikos Facts: Plaintiffs were beneficiaries of a will. They had hired the defendant attorney …
- Posted on: Dec 30 2009
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NY: No Liability for Predecessor Counsel
Katz v. Herzfeld & Rubin, P.C., 853 N.Y.S.2d 104 (2 Dept. 2008) NY Underlying Personal Injury Action Student Contributor: Jason Klein Facts: Plaintiffs retained Defendant attorneys as counsel for a personal …
- Posted on: Dec 29 2009
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Guilty Until Proven Innocent? The Suit Within a Suit Method in the Criminal Context
Daly v. Peace, 863 N.Y.S.2d 770, 2008 N.Y. Slip Op. 06955 (2 Dept.) NY Underlying criminal action Student Contributor: Angela Ignelzi Facts: Plaintiff brought an action against his former defense attorney …
- Posted on: Dec 28 2009
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PA: Fraud Claim will Not be Barred by Failure to Produce Affidavit of Merit
Jackson v. Gary L. Sweitzer Enterprises, Inc., 67 Pa. D. & C.4th 239 (York County 2004) Student contributor: Justin Lieberman PA: Underlying Real Estate Matter Facts: Plaintiffs filed a complaint …
- Posted on: Nov 24 2009
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NJ: Bright Line Rule: Unwaivable Conflicts for Dual Representation in Complex Real Estate Deals
Baldasarre v. Butler, 132 N.J. 278 (N.J. 1993) Student Contributor: Jason Klein NJ Underlying Real Estate Transaction Facts: Plaintiffs inherited undeveloped land from their father and retained Defendant to act …
- Posted on: Nov 19 2009
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NJ: Lawyer's Vicarious Liability for Independent Contractors?
Toth v. Vazquez, 3 N.J. Super. 379 (Ch. Div. 1949) (PDF with permission of Thomson West) Student Contributor: Anthony J. Forzano NJ Underlying Real Estate Transaction Facts: Plaintiff, a potential …
- Posted on: Nov 15 2009
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NJ: "Safe" Withdrawal: 90 days before the Statute of Limitations Runs
Fraser v. Bovino, 317 N.J.Super. 23 (App. Div. 1998) Student Contributor: Lisa Larato NJ Underlying Real Estate/Land Use Transaction Facts: A deal for the sale of land fell through due …
- Posted on: Nov 14 2009
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NJ When Does Legal Malpractice "Occur" under the Affidavit of Merit Statute?
Christie v. Jeney, 167 N.J. 509 (2001) Student Contributor: Daniel Schick NJ Underlying Civil/Commercial Litigation Facts: Christie retained Jeney to pursue three claims on his behalf. Christie then alleged that …
- Posted on: Nov 13 2009
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Non-Collectibility of Judgment: Affirmative Defense to Legal Malpractice Action
Albee Associates v. Orloff, Lowenbach, Stifelman and Siegel, P.A., 317 N.J.Super. 211 (App. Div. 1999) NJ Underlying Civil Litigation Student Contributor: Joshua D. Aronson Facts: Defendant attorneys were hired by the …
- Posted on: Nov 11 2009
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