Posts by legalmalpractice:
NJ: Exception to the American Rule for Successful Insureds
Guarantee Insurance Co. v. Saltman, 217 N.J. Super. 604, (App. Div. 1987) NJ Underlying Legal Malpractice Action Student Contributor: Colleen Gaedcke Facts: A few months after obtaining professional malpractice coverage …
- Posted on: May 6 2011
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NJ: No Privity, No Problem
Rathblott v. Levin, 697 F. Supp. 817 (D.C. N.J. 1988) NJ Underlying Probate Action Student Contributor: Christopher S. Henn Facts: The decedent, an attorney, suffered esophageal cancer for ten years …
- Posted on: May 5 2011
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MS: When Does the Clock Start to Tick?
Bennett v. Hill-Boren, P.C., 52 So. 3d 364 (Miss. 2011). Facts: Plaintiff sued former attorney for malpractice. Attorney argued that the statute of limitations had expired and plaintiffs’ claim should …
- Posted on: May 4 2011
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CA: Interpreting the Continuous Representation Doctrine
Laclette v. Galindo, 184 Cal. App. 4th 919 (2010). Facts: The trial court retained jurisdiction after the underlying matter was settled to monitor compliance with the settlement agreement. During this …
- Posted on: May 3 2011
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NE: Attorneys Owe A Duty to Direct Beneficiaries
Perez v. Stern, 777 N.W.2d 545 (Neb. 2010). Facts: Plaintiff, Guido, was the personal representative of Martinez. In that capacity, she pursued a wrongful death claim on behalf of his …
- Posted on: May 2 2011
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UT: Retainers & Disengagement Letters, Key to Avoiding Malpractice Suits
Lundberg v. Backman, 11 Utah 2d 330 (1961). Student Contributor: Manju Sunny Facts: Plaintiff alleges that her former attorney was negligent by failing to file a motion for a new …
- Posted on: Apr 15 2011
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OH: Promises Don't Lead to Privity
Kathy Lynn Darrow v. Steven E. Zigan, Esq., et al., 2009 Ohio 2205 Student Contributor: Shiv Vydyula Facts: Plaintiff contends that she was a third party beneficiary in the underlying …
- Posted on: Apr 13 2011
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OH: Disclosure of Malpractice Policy Required
Berry et al. v. Javitch, Block & Rathbone, L.L.P., 182 Ohio App.3d 795 (2009). Student Contributor: Shiv Vydyula Facts: The Berrys commenced suit for negligent concealment and alleged that defendants …
- Posted on: Apr 13 2011
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OK: Assignment of Legal Malpractice Claims Prohibited
Trinity Mortgage Companies, Inc. . v. Dreyer, USDC, N.D. Oklahoma, Jan. 7, 2011 Facts: Dennis Junker filed suit against Trinity and others alleging, among other things, breach of contract, fraud, …
- Posted on: Mar 25 2011
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NY: Selection of Expert Protected by Professional Judgment Defense
Healy v. Finz & Finz PC, 2011 NY Slip Op 1616, App. Div. 2nd Dept., 2011. Facts: The plaintiffs retained the defendant law firm to represent them in the underlying medical …
- Posted on: Mar 24 2011
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