NY: The Professional Judgment Rule
DePouli v. Barasch, McGarry, Salzman & Penson, New York Supreme, New York County, January 24, 2011. Facts: Defendant law firm participated in an information session given by the New York ...
MI: Counsel's Trial Strategy Not Actionable as Malpractice
Harris v. Farmer, Court of Appeals of Michigan, February 4, 2010 Facts: Defendant served as Plaintiff’s court-appointed attorney in a criminal proceeding in which plaintiff was charged with identity theft. ...
NY: Illusion of "Factual Issues" No Bar to Summary Judgment
Benaquista v. Burke, Supreme Court of New York, Appellate Division, Third Department, June 10, 2010 Facts: Plaintiff and his mother co-owned various corporations and the Defendant attorney represented the corporation ...
NJ: No "JNOVs" in Legal Malpractice Claims
Olds v. Donnelly, 291 N.J.Super. 222 (App. Div. 1996). Underlying Personal Injury Claim Student Contributor: Jason Klien Facts: On June 27, 1985 Robert Olds underwent hernia surgery and sustained significant ...
Insurers Beware: Disingenuous Disclaimers Result in Award of Attorney's Fees
Guarantee Insurance Co. v. Saltman, 217 N.J. Super. 604 (App. Div. 1987) NJ Underlying Insurance Action Student Contributor: Colleen Gaedcke Facts: A few months after obtaining professional malpractice ...
Non-Collectibility of Judgment: Affirmative Defense to Legal Malpractice Action
Albee Associates v. Orloff, Lowenbach, Stifelman and Siegel, P.A., 317 N.J.Super. 211 (App. Div. 1999) NJ Underlying Civil Litigation Student Contributor: Joshua D. Aronson Facts: Defendant attorneys were hired by the ...