Lawyer Malpractice Class #6 & 7 Lawyer Liability to Third Parties
Hofstra Law School Class #6 & 7 (Updated Jan. 8, 2012) Remember the Savings Bank v. Ward decision from Class #1? That case stands for the proposition that there must ...
NJ Affidavit of Merit: Now Required in Legal Malpractice Claims Against a Law Firm
Sharmrock Lacrosse, Inc. v. Klehr Harrison Harvey Bransburg & Ellers, et al (NJ App Div. 6-14-2010) NJ underlying loss of patent due to alleged attorney negligence. The Appellate Division has ...
PA: Lawyer's Fraud as Basis for Malpractice
O’Callaghan v. Weitzman, 436 A.2d 212 (Pa. Super. Ct., 1981) PA Underlying Tort Action. Student Contributor: Colleen Gaedcke Facts: The plaintiffs, husband, wife and daughter, brought a fraud and legal ...
Wisconsin: Public Policy Defense in Legal Malpractice
Bolte v. Joy, 150 Wis.2d 744,443 N.W.2d 23(Ct. App. 1989) Wis. underlying insurance claim Student contributor: Cheryl Neuman Facts: Plaintiff owned a building that was destroyed by fire and retained ...
NY: Case Within the Case: The Great Excuser for Lawyer Carelessness?
Yousian v. Eisenberg, 34 A.D.3d 228 (2006) NY Underlying Medical Malpractice Action Student Contributor: Ally Shuster Facts: Plaintiff went to hospital complaining of gastrointestinal pain. Over the next few months, ...
NY Proximate Cause; Faulty Assessment of Chance of Winning at Trial: Should I have Settled Instead?
Leder v. Spiegel 31 AD3d 266, aff’d 9 N.Y.3d 836, 872 N.E.2d 1194 N.Y., 2007 NY Underlying probate Student Contributor: Ryan O’Donnell Facts: Defendant represented plaintiff in an underlying probate ...
NY Duty to Investigate
Thompson v. Seligman 53 A.D.3d 1019, 863 N.Y.S.2d 285 (A.D. 3 Dept., 2008). NY: Litigation, Duty to Investigate Student Contributor: Ryan O’Donnell Facts: Plaintiff was employed by AMFAC Recreational Services, ...
NY: Blown Statute? No prob. Argue No Proximate Cause!
Erdman v. Dell 50 A.D.3d 627, 854 N.Y.S.2d 755 N.Y.A.D. 2 Dept., 2008. NY Undelrying personal injury; worksite accident; scaffolding Student Contributor: Ryan O’Donnell Facts: Client filed a legal malpractice ...
Conflicts of Interest in Commercial Transactions: Representing Multiple Parties
Dessel v. Dessel and Donohue,431 N.W.2d 359 (Sup. Ct. 1988). Iowa underlying partnership dissolution Student contributor: Cheryl Neuman Facts: Two brothers, James and George, were partners in a business and ...
Disengaging from Long-Standing Clients
Rice v. Forestier, 414 S.W.2d 711 (Civ. App. 1967) TX. underlying bankruptcy proceeding Student contributor: Cheryl Neuman Facts: Plaintiff retained defendant attorney for various matters, both in business and personally. ...