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 ...
US Supreme Court: FDCPA: No Bona Fide Error Defense for Mistakes of Law
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA et al., 2010 WL 1558977 (U.S. April 21, 2010). Facts: Jerman sued Carlisle, McNellie, Rini, Kramer & Ulrich (the “Defendant law ...
Getting Snagged for Legal Malpractice by Plaintiff's Successor in Interest
In re Segerstrom 247 F. 3d 218 (5th Cir. 2001) TX: Underlying personal injury then bankruptcy, post judgment Student Contributor: Brad Kvinta (J.D. (2010), Texas Tech University School of Law, ...
Standing to Assert Legal Malpractice: The Wagoner Rule, Adverse Interest Exception, and Sole Actor Rule
Cobalt Multifamily Investors I, LLC v. Shapiro, 2009 WL 2058530 (S.D.N.Y. July 15, 2009) Facts: Receiver for the defunct Cobalt Multifamily Investors I, LLC entities (“Cobalt”) filed suit against three sets ...
FDCPA: The Bona Fide Error Defense
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, 538 F.3d 469 (6th Cir. 2008) Facts: Plaintiff alleged that the Defendant law firm violated the Federal Debt Collection Practices Act (“FDCPA”) ...
Underlying Criminal Defense Malpractice: A Study in Client "Chutzpah"!
Sash v. Schwartz, 2007 WL 30042 (S.D.N.Y. 2007). N.Y. underlying criminal conviction Student contributor: Cheryl Neuman Facts: Plaintiff was represented by defendant attorney in a criminal proceeding. Plaintiff was arrested ...
US Supreme Court: Padilla v. Kentucky: New Constitutional Dimensions of Legal Malpractice Announced
SUPREME COURT OF THE UNITED STATES Syllabus PADILLA v. KENTUCKY CERTIORARI TO THE SUPREME COURT OF KENTUCKY No. 08–651. Argued October 13, 2009—Decided March 31, 2010 Petitioner Padilla, a lawful ...
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 ...
Smith v. Spisak: Supreme Court Bars Ineffective Assistance of Counsel Claim Based On Client's Admissions
Smith v. Spisak, 130 S.Ct. 676 (Jan. 12, 2010). Underlying Criminal Matter Facts: Frank G. Spisak, Jr. was convicted in an Ohio trial court of three murders and two attempted ...
Breach of Fiduciary Duty and a Lighter Burden of Proof: The Prophylactic Rule
Milbank, Tweed, Hadley & McCloy v. Boon, 13 F.3d 537 (2nd Cir. 1994) NY Underlying Representation: Prospective Purchase of Bankrupt Company’s Assets Student Contributor: John Anzalone Facts: Defendant Law firm ...