Posts by legalmalpractice:
NJ: Innocence is Not a Prerequisite to Malpractice Suits by Criminal Defendants
Marrero v. Feintuch, N.J. App. Div., January 25, 2011. Facts: Marrero was convicted of armed robbery and sentenced to five years prison. After serving one year and eight months, Marrero …
- Posted on: Jan 26 2011
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NJ: Court Refuses to Apply Common Knowledge Exception, Dismisses Claim for Failure to Provide Affidavit of Merit
Prosser v. Zeldin, NJ App. Div., December 30, 2010. Facts: Plaintiff filed suit against his attorney in the underlying divorce action. Plaintiff alleged he was "coerced into agreeing" to the divorce …
- Posted on: Jan 25 2011
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NJ: Settle and Sue Continued, Puder Rejected
Gorjuice Wrap, Inc. v. Okin, Hollander & De Luca, LLP, N.J. App. Div., January 12, 2011 (Unpub.) Facts: Kang retained Attorney Watkins to assist her in negotiating a commercial lease …
- Posted on: Jan 14 2011
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IN: Court Upholds "Limited Representation" Agreement
Flatow v. Ingalls, Court of Appeals of Indiana, August 16, 2010 (Unpublished). Facts: Ingalls sued the Flatow Defendants for legal malpractice, alleging that defendants were negligent in failing to respond …
- Posted on: Dec 10 2010
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FL: Claim for Legal Malpractice Accrues After Appellate Review
Diaz v. Maney, District Court of Appeal of Florida, Second District, August 11, 2010 (Unpublished). Facts: Diaz retained Attorney Maney’s services with regard to her acrimonious relationship with her husband, …
- Posted on: Dec 9 2010
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AR: The Critical Role of the Expert Witness
Grassi v. Hyden, 2010 Ark. App. 203 (March 3, 2010). Facts: Grassi retained Hyden with regard to the disposition of his majority interest in a lumber company. Ultimately, upon Hyden’s …
- Posted on: Dec 8 2010
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OR: Inconsistent Judgments Bar Issue Preclusion
Johnson v. Babcock, Court of Appels of Oregon, November 10, 2010 (Unpublished). Facts: After being sentenced to 30 years in prison, Dwayne Johnson filed a post-conviction appeal in which he …
- Posted on: Dec 7 2010
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NV: Dismissal for Double Recovery
Elyousef v. O’Reilly & Ferrario, LLC, Supreme Court of Nevada, November 18, 2010 Facts: Homayouni entered into a transaction with his law firm’s client, Elyousef, to acquire interest in Nevada …
- Posted on: Nov 30 2010
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MD: "Case within a Case," the Golden Test for Proximate Cause
Suder v. Whiteford, Taylor & Peston, LLP, Court of Appeals of Maryland, April 9, 2010. Facts: Suder filed an action for legal malpractice against her former attorneys, alleging failure to timely …
- Posted on: Nov 24 2010
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NJ's Petrillo v. Bachenberg, Kentucky Style: Attorney's Duties to Third-Parties
Tipton v. Porter, Court of Appeals of Kentucky, September 17, 2010 Facts: The Tiptons purchased a home from the Lucases. The Lucases engaged the services of Porter & Associates, Attorneys at …
- Posted on: Nov 23 2010
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