NJ Statute of Limitations: When Does it Begin to Run?
Ricca v. Anastasio, D.N.J., August 2, 2010 Facts: Plaintiff filed for Chapter 7 bankruptcy in 1988 after having a judgment entered against him. Defendant represented him in the Chapter 7 ...
NY: Attorney Negligence as Intervening Cause
Silberman v. Reisman, Abramson, P.C. 55 A.D.3d 402, 866 N.Y.S.2d 42 (2008) NY: Underlying Workers Compensation proceeding Student Contributor: Josh Aronson Facts: Plaintiff brought a malpractice action against the defendant ...
PA: Collectibility of Damages: Defendant's Burden
Kituskie v. Corbman, 452 Pa.Super. 467, 682 A.2d 378 (Pa. Super. Ct. 1996) PA Underlying Representation: Personal Injury Lawsuit Student Contributor: John Anzalone Facts: Plaintiff sued Defendant Attorney and his ...
PA: Death Bed Wills: Duty of Loyalty to Client or His Alleged "Agent"?
Gregg v. Lindsay, 437 Pa. Super. 206 (Pa. Super. Ct. 1994) PA: Underlying Wills Transaction Student Contributor: Melissa Goldberg Facts: Defendant drafted a will for Blain, which was duly executed. ...
Attorney-Client Relationships When You Don't Represent a Client
U.S. v. Costanzo, 625 F.2d 465 (D.N.J., 1980) 3d Cir. Underlying Criminal Defense (Attorney-Client Relationship and Duty of Confidentiality) Student Contributor: Maninder (Meena) Saini Facts: Defendant (Costanzo), a government informant, was ...
NY: Puffing, One Step too far, leads to Malpractice Action
In re Dorfman, 304 A.D.2d 273; 760 N.Y.S. 2d 413 (2003) NY Underlying Tort Action Student Contributor: Natalie Resto Facts: A client hired the attorney to bring an action against ...
NY: No Liability to Third-Parties Absent Bad Faith
Ramirez v. 164 W 146 Street, LLC et al., 2010 NY Slip Op 32323, Supreme Court, New York County, August 27, 2010. Facts: A temporary receiver commenced a nonpayment proceeding ...
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 ...
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. ...
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Wechter v. Schroeder, Comis, Nelson & Kahn, LLP, Court of Appeals of California, Second Circuit, May 3, 2010 (Unpublished).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 ...