NY: No Damages, no Cause of Action
Brodeur v. Hayes, 18 A.D.3d 979, 795 N.Y.S.2d 761 (2005) NY: underlying suit on personally guaranteed notes Student Contributor: Alexis Trezza Facts: Defendant and his law firm represented plaintiff and ...
US Supreme Court: Patent Based Legal Malpractice Cases Belong in State Court!
Gunn v. Minton, __ 568 U.S. ___ (February 20, 2013) Underlying Case: Legal Malpractice based on patent law A MAJOR DEVELOPMENT From the Syllabus of the Decision: "No matter how ...
NY: Double Header: Case within a case, Within a Case…Plaintiff's verdict Upheld
Christ v Law Offs. of William F. Levine & Michael B. Grossman, 72 A.D.3d 721 (2d Dep’t 2010) NY: Underlying legal malpractice suit Student contributor: Zahava Schwartz Facts: The underlying ...
WA: The Expert Must Be Heard!
Aubin v. Barton, 123 Wash. App. 592 (2004) WA: Underlying Divorce Action Student Contributor: Ben Doyle Facts: Client sued attorney for malpractice following attorney’s representation in the dissolution of marriage. ...
AL: Legal Malpractice in a Legal Malpractice Action?
Dennis v. Northcutt, 923 So.2d 275 (2005). AL: #1 Underlying employment discrimination action; #2 underlying legal malpractice action regarding #1. Student Contributor: Farah Shahidpour Facts: Client retained Attorney #1 to ...
NJ: Malpractice Court can Dismiss on Grounds Not Dismissed by Underlying Court
Beese-Munoz v. Barbone, Esq., N.J. App. Div. (per curiam) Decided May 20, 2011). NJ Underlying Work Place Discrimination Claim Facts: In this legal malpractice case, plaintiff appeals from the order ...
CT: Substantial Evidence Gets Lawyer Off the Hook
Viola v. O’Dell, 108 Conn. App. 760, 950 A.2d 539 (Conn. App. 2008) CT: Underlying zoning action Student Contributor: Laura Binski Facts: The client operated a landscaping business in the ...
MD: "Case within a Case," the Golden Test for Proximate Cause
Suder v. Whiteford, Taylor & Peston, LLP, Court of Appeals of Maryland, April 9, 2010. Facts: Suder filed an action for legal malpractice against her former attorneys, alleging failure to timely ...
AL: "Blatant Error" Excused in Absence of Causation and Damages
Guyton v. Hunt, Court of Civil Appeals of Alabama, July 23, 2010. Facts: Guyton was convicted of sexually abusing a minor. After his conviction, he retained Hunt to prepare and file ...
NY: Proximate Cause? Does the Attorney's Negligence Make a Difference in the Underlying Case?
Schorsch v. Moses & Singer LLP, 60 A.D.3D 557, 876 N.Y.S.2d 367 App. Div. 1st Dep’t 2009). NY: Underlying insurance claim Student Contributor: Nicole Milone Facts: M.R.S. Antiques was a ...