TX: No duty to non-clients?
Span Enterprises v. Wood, 274 S.W.3d. 854 (Tex. App. 2008) TX: Securities law Student Contributor: David Yanoff Facts: Plaintiffs were an investor (Amin) and his corporation (Span). Defendant was an ...
NY:Timing is everything: claims for legal malpractice and breach of fiduciary duty not necessarily duplicative
Neuman v. Frank, 82 A.D.3d 1642, 919 N.Y.S.2d 644 (2011) NY: claim for legal malpractice and breach of fiduciary duty Student Contributor: Alexis Trezza Facts: Plaintiff brought an action against ...
NY: Timing is everything: claims for legal malpractice and breach of fiduciary duty may not necessarily be duplicative
Neuman v. Frank, 82 A.D.3d 1642, 919 N.Y.S.2d 644 (2011) NY: claim for legal malpractice and breach of fiduciary duty Student Contributor: Alexis Trezza Facts: Plaintiff David Neuman brought an ...
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 ...
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: When is a retainer agreement unenforceable?
Alpert, Goldberg v. Quinn, 983 A. 2d 604 – NJ: Appellate Div. 2009 NJ: attorney client retainer agreement Student Contributor: Christine Maharaj Facts: In the attorney-client retainer agreement the firm ...
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 ...
GA: No Affidavit of Merit for Fraud, Breach of Fiduciary Duty Claims
Crosby v. Pittman, Court of Appeals of Georgia, August 20, 2010. Facts: Crosby retained Pittman to represent him with respect to a traffic citation. Pittman advised Crosby that he would need ...
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 ...