GA: Suing for fees: A New Twist?
Levine v. Television Cablecasting, Inc., 581 S.E.2d 734 (2003) GA: Underlying divorce action Student Contributor: Farah Shahidpour Facts: Wife inherited title to a farm. She later transferred title to Television ...
NJ: Settle and Sue Continued, Puder Rejected
Gorjuice Wrap, Inc. v. Okin, Hollander & De Luca, LLP, N.J. App. Div., January 12, 2011 (Unpub.) Facts: Kang retained Attorney Watkins to assist her in negotiating a commercial lease ...
7th Cir: A Claim, By Any Other Name…
Hoagland v. Sandberg, Phoenix & Von Gontard, 385 F. 3d 737 (2004) 7th Cir.: Underlying legal malpractice claim Student Contributor: Clem Durham Facts: The district court determined after a bench ...
Third Circuit: Violation of RPC 1.7 Does Not Require Automatic Disqualification
Wyeth v. Abbott Laboratories, 692 F.Supp.2d 453 (D.N.J. 2010) Facts: Wyeth brought a motion to disqualify Howrey LLP from representing Boston Scientific Scimed, Inc. ("BSC") in an underlying patent infringement action. ...
NY: Intra-Family Business Transactions:The Perils of Multiple Representation
Sitar v. Sitar, 50 A.D.3d 667, 854 N.Y.S.2d 536 (2008) NY Underlying Commercial Transaction: Conflicts of Interest Student Contributor: Maninder (Meena) Saini Facts: Client (plaintiff) brought an action against attorney and ...
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 ...
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 ...
Breach of Fiduciary Duty: The Enduring Duty
Robert A. Borissoff v. Taylor & Faust et al., 33 Cal. 4th 523 (Cal. 2004) CA Underlying probate matters Student Contributor: Evan Michael Hess Facts: A special administrator in probate court ...
Mobile Non-Lawyer Employees: Conflict considerations
Phoenix Founders, Inc. v. Marshall, 887 S.W.2d 831 (1994) TX: Conflict of interest; disqualification Student Contributor: Amber R. Gilchrest* Facts: A paralegal working at the law firm of Thompson & ...
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, ...