Posts by legalmalpractice:
AL: "Blatant Error" Excused in Absence of Causation and Damages
Guyton v. Hunt, Court of Civil Appeals of Alabama, July 23, 2010. Facts: Guyton was convicted of sexually abusing a minor. After his conviction, he retained Hunt to prepare and file …
- Posted on: Nov 22 2010
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ME: Effect of Factual Determinations by Fee Arb Panel
Perry v. Emerson, Supreme Judicial Court of Maine, October 26, 2010. Facts: Emerson initiated a fee arbitration proceeding against her former attorneys, alleging that she never agreed to be responsible for …
- Posted on: Nov 12 2010
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GA: No Affidavit of Merit for Fraud, Breach of Fiduciary Duty Claims
Crosby v. Pittman, Court of Appeals of Georgia, August 20, 2010. Facts: Crosby retained Pittman to represent him with respect to a traffic citation. Pittman advised Crosby that he would need …
- Posted on: Nov 11 2010
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OH: Failure to Name Individual Attorney Results in Dismissal of Malpractice Action
Bohan v. Jackson, Court of Appeals of Ohio, July 22, 2010. Facts: Shortly prior to his death, Bohan’s father indicated his desire to his attorney, Kennedy, to amend a revocable trust …
- Posted on: Nov 10 2010
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CO: Issue Preclusion in Legal Malpractice
Stanton v. Schultz, 222 P.3d 303 (CO Jan. 11, 2010). Facts: Schultz brought a post-conviction motion for a new trial based on newly discovered evidence in a federal criminal prosecution. In …
- Posted on: Nov 9 2010
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WA: Attorneys May Not Subtract Contingency Fee From Legal Malpractice Damage Award
Shoemake v. Ferrer, 225 P.3d 990 (WA Feb. 4, 2010). Facts: After attorney Ferrer mishandled Plaintiffs’ personal injury case and failed to advise them of a $100,000 settlement offer, Plaintiffs …
- Posted on: Nov 8 2010
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PA: No Privity, No Certificate of Merit
Sabella v. Estate of Milides, 992 A.2d 180 (Pa. Superior March 25, 2010). Facts: The representatives of the Estate of Milides commenced an action arguing that Sabella participated in a fraudulent …
- Posted on: Nov 5 2010
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First Circuit: Emotional Distress Damages in Legal Malpractice
Wagenmann v. Adams, 829 F.2d 196 (1st Cir. September 9, 1987). Facts: After what appeared to be a series of misunderstandings between Wagenmann and his family members, Wagenmann was searched and …
- Posted on: Nov 4 2010
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PA: Scope of the Attorney-Client Privilege Remains Undecided
Nationwide Mutual Ins. Co. v. Fleming et al., 992 A2d 65 (PA 2010). Facts: In the underlying action, Nationwide alleged that a number of its former agents accessed confidential policyholder information …
- Posted on: Nov 3 2010
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Third Circuit: Violation of RPC 1.7 Does Not Require Automatic Disqualification
Wyeth v. Abbott Laboratories, 692 F.Supp.2d 453 (D.N.J. 2010) Facts: Wyeth brought a motion to disqualify Howrey LLP from representing Boston Scientific Scimed, Inc. ("BSC") in an underlying patent infringement action. …
- Posted on: Nov 2 2010
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