MI: Limits of the Attorney Judgment Rule
Bush v. Goren, Michigan Court of Appeals, February 1, 2011. Facts: In 2005, Plaintiffs consulted the defendant attorneys with respect to a medical malpractice claim related to a cardiac surgery ...
NY: The Professional Judgment Rule
DePouli v. Barasch, McGarry, Salzman & Penson, New York Supreme, New York County, January 24, 2011. Facts: Defendant law firm participated in an information session given by the New York ...
NJ: Mandatory Hearing for Ineffective Assistance of Counsel in Deportable Crimes
State of New Jersey v. Frensel Gaitan, Appellate Division, February 7, 2011. Underlying case: Ineffective Assistance of Counsel, Criminal Defense Facts: Defendant pled guilty to third-degree distribution of a controlled ...
NJ: Standard of Care in Drafting Settlement Agreements
Porreca v. City of Millville, N.J. App. Div., January 24, 2011. Facts: Porreca sued the City of Millville and demanded counsel fees in his pleading. Eventually, the parties decided to ...
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 ...
SC: Filing Frivolous Action Results in Attorney Sanctions
Ex parte Gregory, 378 S.C. 430 (S.C. 2008) SC: Underlying tort action-settlement Student Contributor: Karen Dindayal Facts: Jerry Bittle sustained brain injuries from an automobile accident, rendering him mentally incompetent. ...
AR: Court Denies Withdrawal when Foreseeable Prejudice to Client
Vang Lee v Mansour, 104 Ark. App. 91 (2008) AR: Underlying litigation Student Contributor: Meghan Jean Facts: Mansour was one of two attorneys client Vang Lee hired to represent him ...
MI: Counsel's Trial Strategy Not Actionable as Malpractice
Harris v. Farmer, Court of Appeals of Michigan, February 4, 2010 Facts: Defendant served as Plaintiff’s court-appointed attorney in a criminal proceeding in which plaintiff was charged with identity theft. ...
PA: Standard of Care
McHugh v. Litvin, Blumberg, Matusow & Young, 525 Pa. 1, 574 A.2d 1040 (Pa. 1990) PA Underlying Representation: Personal Injury Student Contributor: John Anzalone Facts: Plaintiffs retained Attorney 1 to ...
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 ...