IN: No "Accidental" Client-Lawyer Relationships
Douglas v. Monroe, 743 N.E.2d 1181 (Ind. Ct. App. 2001) IN: Underlying wrongful death claim Student Contributor: Jeff Cain Facts: A college freshman drowns in his school’s pool. His mother ...
WV: Action in Tort Independent from Action in Contract
Harrison v. Casto, 165 W.Va. 787, 271 S.E.2d 774 (W.Va. 1980) WV: Underlying personal injury and legal malpractice actions Student: Karen Dindayal Facts: Plaintiff, Paul H. Harrison hired attorney Don ...
AL: The "Accrual" Approach in Alabama
Floyd v. Massey & Stotser, P.C., 807 So.2d 508 (2001). AL: Underlying business transaction Student Contributor: Farah Shahidpour Facts: Client alleged that the firm had breached its duty to Client ...
FL: Examining the Statute of Limitations
McLeod v. Bankier, Fla. Dist. Ct. of App., 4th Dist., 2011 Facts: McLeod hired Attorney Tew to file a claim against Fidelity for allegedly executing a wrong margin call which ...
MI: SOL Runs on day Power of Atty is Revoked in Malpractice Suit
Wright v. Rinaldo, 279 Mich App 526, 533 n 3; 761 NW2d 114 (2008) MI: Underlying IP Student Contributor: Matthew Feinbloom Facts: In August 2000, Mr. Rickie Wright hired Ronildo ...
VA: Client's Failure to Timely File Won't Sever Proximate Cause
Williams v. Joynes, 278 Va. 57, 677 S.E.2d 261 (2009) VA: Underlying Personal Injury Claim Student Contributor: Vanessa L. Wachira Facts: In 2003, Leo Williams (Client) retained Louis Joynes, II ...
MS: When Does the Clock Start to Tick?
Bennett v. Hill-Boren, P.C., 52 So. 3d 364 (Miss. 2011). Facts: Plaintiff sued former attorney for malpractice. Attorney argued that the statute of limitations had expired and plaintiffs’ claim should ...
NY: Continuous Representation in Unrelated Matters Will Not Toll Statute of Limitations
Hasty Hills Stables, Inc. v. Dorfman, Lynch, Knoebel & Conway, LLP, 52 A.D.3d 566, 860 N.Y.S.2d 182 (App. Div. 1st Dep’t 2008). NY: Underlying real estate matter Student contributor: Nicole ...
CT: Client Can't Avoid SOL by Disguising Tort As Breach of Contract
Caffery v. Stillman, 79 Conn. App. 192, 829 A.2d 881 (Conn. App. 2003) CT: Underlying workers’ compensation action Student Contributor: Laura Binski Facts: On April 16, 1992, the client sustained ...
N.H. Times Up–Statute of Limitations
Draper v. Brennan, 142 N.H. 780 (1998) N.H.: Underlying Employment Litigation Student Contributor: Jason W. Hake Facts: A former client commenced a legal malpractice action against the law firm that ...