PA: Delay Damages
Wagner v. Orie & Zivic, 431 Pa. Super. 337 (Pa. Super. Ct. 1994) PA Underlying Tort action Student Contributor: Melissa Goldberg Facts: Plaintiff suffered physical injuries resulting from a work-related ...
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 ...
"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 ...
The Damage of "Justice Delayed" is not "Actual Damage"
Boerger v. Levin, 812 F. Supp. 564 (E.D.Pa 1993) PA: Underlying mortgage foreclosure Student Contributor: Joshua D. Aronson Facts: The plaintiff hired the defendant to represent him in a mortgage ...
Emotional Distress Damages: Tied to the Interest Protected by the Attorney-Client Relationship
Kohn v. Schiappa, 281 N.J. Super. 235 (1995) NJ Underlying Adoption Action Student Contributor: Daniel Schick Facts: Plaintiffs retained counsel to assist them in adopting a child. Defendant’s alleged malpractice ...
Establishing Damages with Reasonable Certainty: An Element of Proximate Cause
Boyer v. Walker, 714 A.2d 458 (Pa. Super. Ct. 1998) PA Underlying Commercial Action Student Contributor: John Anzalone Facts: Plaintiffs became junior lien holders when they issued a mortgage to ...
Damages for Loss of Liberty for Legal Malpractice
Lawson v. Nugent, 702 F. Supp. 91, (N.J. 1988); 1988 U.S. Dist. LEXIS 14576 NJ Underlying criminal action. Student Contributor: Coleen Gaedcke Facts: The plaintiff retained the defendant as defense ...
"Loss of Liberty": Damages for Negligent Infliction of Emotional Distress in Legal Malpractice
Lawson v. Nugent, 702 F. Supp. 91 (D.N.J. 1988) NJ Underlying Criminal Action Student Contributor: Colleen Gaedcke Facts: The plaintiff retained the defendant attorney as defense counsel after being indicted ...
NJ: Double Whammy or Making the Victim Whole? No Fees for Underlying Negligent Representation + Malpractice Attorney's Fees as Consequential Damages.
Distefano v. Greenstone, 357 N.J. Super. 352, 815 A.2d 496 (2003) NJ Underlying personal injury action; statute of limitations Student Contributor: Evan Hess Facts: Defendants represented Plaintiff in a personal ...
Akin Gump v NDR – Practical Consequences of Allowing Attorneys' Fees as Damages
The Texas Supreme Court’s new opinion in Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. National Development and Research Corporation holds that a malpractice plaintiff may recover damages for attorney’s ...