Posts by legalmalpractice:
Malpractice Action Preempted by ERISA?
Taylor v. UAW-GM Legal Services Plan, et al., United States District Court, N.D. Ohio, August 13, 2010. Facts: Plaintiff, a participant in the UAW-GM Legal Services Plan, filed the instant action for …
- Posted on: Sep 16 2010
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TX: The Need for Expert Testimony
Bagan v. Karl Hays, et al., Court of Appeals of Texas, Third District, August 12, 2010. Facts: The Defendant attorney served as Plaintiff’s divorce attorney in the underlying matrimonial action. …
- Posted on: Sep 15 2010
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CA: Duties to Third-Parties
Wechter v. Schroeder, Comis, Nelson & Kahn, LLP, Court of Appeals of California, Second Circuit, May 3, 2010 (Unpublished). Facts: Decedent died shortly before the division of marital property and entry of …
- Posted on: Sep 14 2010
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'Settle and Sue' New York Style
Ambra v. Awad, 2010 NY Slip Op, Supreme Court of New York, Nassau County, April 13, 2010. Facts: Plaintiff filed suit against the defendant attorneys after entering into a settlement …
- Posted on: Sep 13 2010
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NJ: Long Arm Jurisdiction in Malpractice Actions, Gets Even Longer
Halley v. Myatt, Superior Court of New Jersey, Appellate Division, May 3, 2010 Facts: Plaintiffs retained a New York attorney, not licensed in New Jersey, to represent them in negotiating …
- Posted on: Sep 3 2010
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NJ: "Equitable Exceptions" to Settle and Sue
Heathcote v. Gidding, Superior Court of New Jersey, Appellate Division, August 11, 2010 Facts: After the conclusion of the underlying matrimonial action, Plaintiff asserted a variety of instances in which …
- Posted on: Sep 2 2010
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Law of the Case Doctrine: Not Always a Viable Defense
Speeney v. Powers, et al., United States Court of Appeals, Third Circuit, March 11, 2010 Facts: Appellants were alleged victims of harassment by a university professor. The university retained a …
- Posted on: Sep 1 2010
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CA: Public Interest Firms Not Immune From Suit
Black v. California Appellate Project, Court of Appeals of California, Second District, Division Four, June 4, 2010 (Unpublished). Facts: Plaintiff was convicted of first degree burglary, and based on his prior …
- Posted on: Aug 31 2010
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NJ: The "Limited Exception" to Settle and Sue
Gere v. Louis, Superior Court of New Jersey, Appellate Division, August 25, 2010 (Unpublished) Facts: Plaintiff alleged that her former attorney, Louis, wrote a letter to the adversary, without her authorization, that she …
- Posted on: Aug 30 2010
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Collectability: An Essential Element of Proximate Cause
Chimento v. Parsons, Powell & Lane, LLC, Superior Court of New Jersey, Appellate Division, January 5, 2010 Facts: Plaintiff brought suit against a casino after his chair collapsed and, allegedly, caused …
- Posted on: Aug 20 2010
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