KY: Judge As a Witness Is Permitted
Payton v. Clay, 2005-CA-000573-MR, 2007 WL 79711 (Ky. Ct. App. Jan. 12, 2007) (Unpublished opinion available on Westlaw. KY: Underlying Business Law Student Contributor: Louis Dell Facts: Payton was involved ...
CT: Lack of Expert Testimony Kills A Legal Malpractice Claim Couched As a Breach of Fiduciary Duty Claim
Marciano v. Kraner, 126 Conn. App. 171, appeal denied, 300 Conn. 922 (2011) CT: Underlying Wills, Trusts, and Estates Disputes Student Contributor: Jennifer Hanley Facts: Client’s parents were older and ...
NJ: Affidavit of Merit? Better Safe then Sorry.
Prosser v. Zeldin, 2010 WL 5392707 NJ: Underlying Divorce; Affidavit of Merit Student Contributor: Mordechai Buls FACTS: Defendant represented plaintiff in a divorce proceeding for a marriage in which the ...
NJ: The Latest on the Net Opinion Rule
Richard Tietjen, Robert H. Ahrens, III, and Wainwright Estates Partners, LLC v. Richard Mazawey, Esq. (per curiam) (NJ App. Div. Jan. 12, 2012 UNPUBLISHED) NJ: Underlying Commercial Action Student Contributor: ...
NJ: Legal Malpractice Expert Shielded by Absolute Litigation Privilege
Reilly, Supple & Wischusen, LLP v. Malcolm Blum v. Michael P. Ambrosio (NJ App. Div. March 9, 2011 UNPUBLISHED) NJ: Underlying legal malpractice action FACTS: Attorney Blum was sued by a ...
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. ...
WI: Expert Testimony Needed to Prove a Breach of Duty of Care
Pierce v. Colwell, 563 N.W.2d 166 (Wis. Ct. Apps. 1997) WI: Underlying criminal matter Student Contributor: Jeff Cain Facts: Client was charged with ten counts of sexual assault. He was ...
IL: Net Opinion on Causation Results in Dismissal
Bourke v. Conger, US Ct. of Appels, 7th Circ., April 19, 2011. Facts: Bourke was convicted of murder in Illinois state court, and after the conviction was turned over on ...
NY: Selection of Expert Protected by Professional Judgment Defense
Healy v. Finz & Finz PC, 2011 NY Slip Op 1616, App. Div. 2nd Dept., 2011. Facts: The plaintiffs retained the defendant law firm to represent them in the underlying medical ...
NJ: Personal Opinion is a Net Opinion
Hedinger & Lawless, LLC v. Betal Enterprises, Inc., Superior Court of New Jersey, App. Div., March 10, 2011. Facts: Defendants sued Hedinger & Lawless for legal malpractice for, among other ...