CA: Sometimes, You Take What You Can Get
Robins v. Kuhn, 2011 WL 2001852 (Ca. App. 2011) CA: Fiduciary Duty Student Contributor: Mordechai Buls Facts: Plaintiff and his two brothers sued a theater owner for wrongful death relating to ...
NJ: Beware Mortgages on Client Property to Secure fees
Petit-Clair v. Nelson, 782 A.2d 960 (N.J. Super. Ct. App. Div. 2001) NJ: Attorneys fees Student Contributor: Le-el D. Sinai Facts: The defendants in this case are business owners who ...
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 ...
NY: Do Attorneys Owe a Fiduciary Duty to Limited Partners?
Eurycleia Partners, LP v. Seward &Kissel, LLP, 12 N.Y.S. 3d 553(2009) NY: Underlying Securities Fraud Student Contributor: Mordechai Goldenberg Facts: Plaintiffs are limited partners in a hedge fund that was ...
NJ: The Lawyer/Broker Conflict
Lovett v. Estate of Lovett, 250 N.J. Super. 79, 593 A.2d 382 (Ch. Div. 1991) NJ: Underlying will and estate contest Student Contributor: James Quinn Facts: Plaintiffs are two former guardians ...
TX: No Causation in Malpractice Action = Summary Judgment
Rodgers v. Weatherspoon, 141 SW 3d 342 (Tex. App. 2004) TX: Underlying criminal defense Student Contributor: Megan Diodato Facts: The client was charged with aggravated assault and the attorney was ...
CA: Supreme Court Chooses Loyalty Over Freedom of Speech
Oasis West Realty, LLC v. Kenneth A. Goldman, Supreme Court of California, May 16, 2011 Facts: Goldman, and his law firm Reed Smith, represented Plaintiff Oasis in a redevelopment plan ...
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 ...
NY: On Defining the Elements of a Fiduciary Duty
Roni LLC, et al. v. Afra et al., 2010 WL 3703047, September 16, 2010 NY: Underlying real estate investments Facts: This action arose from a series of business transactions in ...
NY: In House Counsel is Fiduciary First, Employee Later
Keller v. Loews Corp., 895 NYS 2d 376 (2nd Dept. 2010) Facts: In house counsel sued for religious discrimination after the termination of his employment. The defendant counterclaimed for breach of ...