NJ: No Privity, No Problem
Rathblott v. Levin, 697 F. Supp. 817 (D.C. N.J. 1988) NJ Underlying Probate Action Student Contributor: Christopher S. Henn Facts: The decedent, an attorney, suffered esophageal cancer for ten years ...
IL: Suicide as a Proximate Cause of Lawyer Malpractice? No Way!
Cleveland v. Rotman, 297 F. 3d 569 (7th Cir. 2002) IL: Underlying tax advice Student Contributor: Clem Durham Facts: In 1996 Cleveland retained Rotman for advice in resolving the tax ...
IL: Lawyer Duty of Care to Adversaries–Privity No Bar to Liability
Greycas, Inc. v. Proud, 826 F. 2d 1560 (7th Cir. 1987) Underlying loan transaction–duty to adversary Student Contributor: Clem Durham Facts: Theodore S. Proud, Jr., a member of the Illinois ...
IL: Loss of Procedural Advantage as Malpractice
Jones Motor Co. v. Holtkamp, Liese, Beckemeier & Childress, PC, 197 F. 3d 1190 (7th Cir. 1999) 7th Cir. IL: Underlying personal injury lawsuit Student Contributor: Clem Dunham Facts: The ...
DC: Brand New Claim Against Lawyers? "Tortious Involvement in Litigation"
Perry v. Scholar, U.S.D.C., District of Columbia, March 19, 2010. Facts: From 1985-2005, Perry, an accountant, served as a paid plan administrator for a pension plan. At the same time, ...
PA: Circuit Court Comments on the Need for a Certificate of Merit
Donnelly v. O’Malley & Langan. P.C., U.S. Court of Appeals, Third Circuit (March 16, 2010). Facts: Donnelly filed an action for legal malpractice against his former attorneys who had represented ...
NJ: Lawyers' Duty to Third Parties
Rathblott v. Levin, 697 F. Supp. 817 (D.N.J. 1988) NJ: Underlying dispute over a will Student Contributor: Laura Binski Facts: Albert Rathblott (the client) died from cancer on October 19, ...
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 ...
First Circuit: Emotional Distress Damages in Legal Malpractice
Wagenmann v. Adams, 829 F.2d 196 (1st Cir. September 9, 1987). Facts: After what appeared to be a series of misunderstandings between Wagenmann and his family members, Wagenmann was searched and ...
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. ...