IL: Legal Malpractice Summary Judgements Denied!
Racquet v. Grant, 318 Ill. App. 3d 831 (2000) IL: Underlying Property action Student Contributor: Rachel Vincent Facts: Plaintiff’s were being sued by their neighbor who was trying to enjoin ...
CA: Legal Malpractice: Actual Injury Trumps Continuous Representation Tolling
Truong v. Glasser, 181 Cal. App. 4th 102, 103 Cal. Rptr. 3d 811 (2009) CA: Real Estate; Commercial Lease Student Contributor: Louis Dell Facts: VMI (the plaintiff) is a manufacturer ...
S.C. Legal Malpractice: No Guarantee for Underlying Arbitration Outcome
Harris Teeter, Inc. v. Moore & Van Allen, PLLC, 390 S.C. 275, 701 S.E. 2d 742 (2010) S.C. Underlying arbitration/breach of lease Student Contributor: Nicholas Seabrooks Facts: Harris Teeter was a ...
N.J. An "Unpublished" Primer on Damages and Attorney Fees in Legal Malpractice Actions
Nix v. Verp, NJ App Div 2-18-2011 (Not approved for Publication). Underlying matter: NJ Real estate closing; inappropriate title search resulting in legal malpractice action Ed. Note: We tend to ...
GA: To Extend Statute of Limitations, Alleged Fraud Must Include an Aspect of Moral Turpitude
Kilby v. Shepherd, 339 S.E.2d 742 (Ga. App. 1986) GA: Underlying matter: Real Estate; Fraud Student Contributor: Paul Barnhill FACTS: Client hired attorney in connection with several deeds to real ...
NY: To Prevail on Summary Judgment, Defendant Attorney Must Show That Plaintiff Is Unable To Prove Any of the Required Elements in a Legal Malpractice Case
Ehlinger v. Ferlazzo, PC, 304 AD 2d 925 (3rd Dept. 2003) NY: Underlying Divorce Action Student Contributor: Mordechai Goldenberg Facts: Plaintiff retained defendants to represent him in a divorce action ...
NY: "Substantial Relationship" as the Test for a Conflict of Interest
Lightning Park, Inc. v. Wise Lerman & Katz, P.C., 197 A.D.2d 52 (1st Dep’t 1994). NY: Contract action; real estate development Student Contributor: Nicholas Tam Facts: Plaintiffs entered into a ...
PA: Joining Plaintiff's Attorneys as Defendants in Legal Mal Action
Austin J. Richards, Inc. v. McClafferty, 317 Pa. Super. 269, 538 A.2d 11 (1988). Student Contributor: Christine Maharaj PA: Underlying Real Estate Dispute Facts: Owner of real estate retained attorneys ...
NY: Uninsured Attorney Escrow Accounts: Malpractice?
Bazinet v. Kluge, 14 A.D.3d 324, 325, 788 N.Y.S.2d 77, 77-78 (2005) NY: Attorney Escrow Accounts Student Contributor: Steven Henesy FACTS: Attorney was the escrow agent for the owner of ...
NY: Due Diligence in Real Estate Transactions: §1031 Exchanges
Winters v. Dowdall 63 A.D.3d 650 (1st Dep’t 2009). NY: Real Estate Transaction Student Contributor: Nicholas Tam Facts: Plaintiff was selling New York real estate in accordance with exchange transactions ...