NJ: Duties to Third-Parties
O’Brien v. Cleveland, 2010 Bankr. LEXIS 171 (Bankr. D.N.J. Jan. 22, 2010). Underlying commercial action Facts: Debtors filed a chapter 13 bankruptcy after falling behind on their mortgage payments. Even after ...
NJ: No "JNOVs" in Legal Malpractice Claims
Olds v. Donnelly, 291 N.J.Super. 222 (App. Div. 1996). Underlying Personal Injury Claim Student Contributor: Jason Klien Facts: On June 27, 1985 Robert Olds underwent hernia surgery and sustained significant ...
US Supreme Court: FDCPA: No Bona Fide Error Defense for Mistakes of Law
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA et al., 2010 WL 1558977 (U.S. April 21, 2010). Facts: Jerman sued Carlisle, McNellie, Rini, Kramer & Ulrich (the “Defendant law ...
A New Trial Begins When Another Trial Ends
Sanchez v. Hastings, 898 S.W.2d 287 (Tex. 1995). TX: Underlying personal injury and wrongful death action; conflicts of interest; statute of limitations Student Contributor: Rudolfo Santos, Jr.* FACTS: On June 8, ...
PA: The Predictable Result of Policy Language Ambiguity: Coverage!
Westport Ins. Corp. v. Bayer, 284 F.3d 489 (2002) PA :Underlying Negligent Misrepresentation Action Student Contributor: Natalie Resto Facts: Lakens filed suit against Bayer, an attorney, to recover money in a ...
Birnbaum v. Misiano, 52 A.D.3d 632, 861 N.Y.S.2d 711
Birnbaum v. Misiano, 52 A.D.3d 632, 861 N.Y.S.2d 711 NY: Underlying loan; uncollectiblility Student Contributor: Michael H. Park Facts: Attorney represented plaintiff in a series of loans made to a ...
NY: Privity. Alive and Well (Investment Losses)
Rechberger v. Scolaro, Shulman, Cohen, Fetter & Burstein, P.C., 45 A.D.3d 1453, 848 N.Y.S.2d 459 (2007) NY: Business losses allegedly attributed to malpractice. Student Contributor: Michael Park Facts: Plaintiff was ...
Privity in NY: Alive and Well (with Certain Exceptions)
Nelson v. Kalathara, 48 A.D.3d 528, 853 N.Y.S.2d 89 (2008) NY: Underlying litigation, privity. Student Contributor: Michael Park Facts: An incapacitated person had a guardian assigned to them and their ...
Lawyer-Legislators: Can a client control their vote?:
Harry J. Joe, et ano. v. Two Thirty Nine Joint Venture, 145 S.W.3d 150 (TX. 2003) Student Contributor: Max J. Starkie* Facts: A client brought an action for malpractice and ...
"Settle and Sue" –Texas Style
Douglas v. Delp, 987 S.W.2d 879 (Tex. 1999) TX: Underlying commercial transaction; litigation; bankruptcy Student Contributor: Chelsea Tucker* Facts: Billy Delp, his wife Gertrude Delp, and John Harvison were business partners ...