PA: No Expert for the Obvious
Rizzo v. Haines, 520 Pa. 484, 555 A.2d 58 (Pa. 1989) PA Underlying Personal Injury and Medical Malpractice Student Contributor: John Anzalone Facts: Plaintiff retained Defendant Attorney to represent him ...
"Bad Faith": A Prerequisite to NJ Frivolous Litigation Sanctions
Torgro Limousine Service, Inc v. 76 Carriage Co., Inc., Superior Court of New Jersey, Appellate Division, May 25, 2010 Facts: The defendant filed suit against the plaintiff in Pennsylvania for ...
Lawyer Malpractice Class #2: The Client-Lawyer Relationship
Hofstra Law School: Lawyer Malpractice Class #2. I. What does it take to form a client-lawyer relationship? Restatement of the Law Governing Lawyers (ALI 2000) (hereafter RLGL) § 14. Formation ...
TX: Expert Testimony Necessary to Establish Proximate Cause
Primis Corp. v. Milledge, Court of Appeals of Texas, Fourteenth District, Houston, May 27, 2010 Facts: Defendants agreed to represent the plaintiffs in a certain lawsuit and plaintiffs paid the ...
NY: Increased Liability for Estate Planning Attorneys
Estate of Schneider v. Finmann, Court of Appeals of New York, June 17, 2010 Facts: The defendant attorney represented decedent Saul Schneider from April 2000 to his death in October ...
Lawyer Malpractice Class #3:The Plaintiff's Causes of Action
Hofstra Law School: Lawyer Malpractice Class #3 . Suggested Readings: Fortney & Johnson, Legal Malpractice Law. Ch. 2 pp. 15-33 Here’s a rhetorical question: How many ways are there ...
NJ Supreme Court: Ferreira Conference is Not a Tolling Device
Paragon Contractors, Inc. v. Peachtree Condominium Association et al., New Jersey Supreme Court, June 28, 2010 Facts: Plaintiff Paragon Contractors, Inc. sued defendant Peachtree Condominium Association for payment for construction ...
Lawyer Malpractice Class #4: The Lawyer's Basic Duties
Duties, Competence, Diligence, Investigation, Communicate
NY: Illusion of "Factual Issues" No Bar to Summary Judgment
Benaquista v. Burke, Supreme Court of New York, Appellate Division, Third Department, June 10, 2010 Facts: Plaintiff and his mother co-owned various corporations and the Defendant attorney represented the corporation ...
Lawyer Malpractice Class #5: The Lawyer's Fiduciary Duties
Hofstra Law School Class #5 Read: Fortney & Johnson, Legal Malpractice Law, Ch. 4, pp. 101-116; 421-424. Restatement of Law Governing Lawyers §49. Breach of Fiduciary Duty–Generally In addition ...