NY: NJ Law Firm Gets Snagged as "Aiding and Abetting" a Ponzi Scheme
Oster v. Kirschner, et al 2010 NY Slip Op. 05981 (App Div, 1st Dept. 7-6-2010) NY: Underlying Private investment FACTS: A NJ law firm, Lum, Danzis, Drasco & Positan,LLC lost ...
Lawyer Malpractice Class #5: The Lawyer's Fiduciary Duties
Hofstra Law School Class #5 Read: Fortney & Johnson, Legal Malpractice Law, Ch. 4, pp. 101-116; 421-424. Restatement of Law Governing Lawyers §49. Breach of Fiduciary Duty–Generally In addition ...
Improper "Fracturing" of Legal Malpractice Claims
Aiken v. Hancock, 115 S.W.3d 26 (Tex. App.—San Antonio 2003, pet. denied). TX: Underlying civil litigation "catastrophe". Student Contributor: Courtney E. Hamilton* Facts: Douglas Aiken brought action against his former ...
Beyond Duties to Clients: Associates' Duties to their Law Firms
Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193 (Tex. 2002) TX: Underlying referral of a personal injury case to another law firm Student Contributor: Anna Ford (J.D. ( 2011) ...
Disqualification for Conflicts of Interest
Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 529 Pa. 241 (Pa. 1992) Student Contributor: Melissa Goldberg Underlying: Motion to disqualify for Conflict of Interest Facts: Defendant represented Plaintiff in ...
PA: Breach of Fiduciary Duty: Where Attorneys Serve as Executors
In re Estate of Westin, 874 A.2d 139, 2005 PA Super 158 (Pa. Super. Ct. 2005) PA Underlying Will Probate Student Contributor: John Anzalone Facts: Creditors of an estate bring ...
NJ: Limitations on Duties to Third-Parties
Estate of Albanese v. Lolio, 393 N.J. Super. 355 (App. Div. 2007). NJ Underlying Probate Matter Student Contributor: Natalie Resto Facts: The decedent was survived by three daughters, all beneficiaries ...
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 ...
Fiduciary Duties to Third-Parties: No Affirmative Misrepresentations
Petrillo v. Bachenberg, 139 N.J. 472 (1995) Student Contributor: Evan Kusnitz NJ Underlying Real Estate Transaction Facts: A purchaser of real estate sued the seller and the seller’s attorney. The ...
NY: Reasonable Fees, Big Time
Lawrence v. Miller 48 A.D.3d 1, 853 N.Y.S.2d 1 (1st Dept., 2007) Student Contributor: Maninder (Meena) Saini NY Underlying Estate Litigation-Attorney fees Facts: A husband passed away and left the ...