LAWYER EXPERT NOT NEEDED TO WIN A SUMMARY JUDGMENT
Gans v. Mundy, 762 F.2d 338 (3d Cir. 1985) Underlying PA Tort Action Student Contributor: Colleen Gaedcke Facts: The appellant suffered injuries while commuting to work on a public bus. ...
Texas | Implied Relationship | Lawyer Malpractice | Privity |Contract Breach|
Sotelo v. Stewart, 281 S.W.3d. 76 (Tex App. 2008) TX: Underlying Contract law Student contributor: David Yanoff Facts: Defendant had represented plaintiff’s husband in a breach of contract action. The ...
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 ...
NY: Legal Malpractice for Failure to Cancel a Real Estate Contract?
Bells v. Foster, 83 A.D.3d 876, 922 N.Y.S.2d 124 (2011) NY: Underlying Real Estate Contract Cancellation Student Contributor: Alexis Trezza Facts: Defendant represented plaintiff in a real estate action. Plaintiff ...
NY:Client's Duty to Cooperate with Counsel Causes Their Own Damage
Ryan v. Powers & Santola, LLP, 73 A.D.3d 1273, 899 N.Y.S.2d 486 (2010) NY: underlying personal injury case Student Contributor: Alexis Trezza Facts: Plaintiff was injured while dining at a ...
GA: To Survive Summary Judgment Client Must be Specific as to Attorney's Negligence
Roberts v. Langdale, 363 S.E.2d 591 (Ga. App. 1987) GA: Promissory Notes; Personal Guarantees Student Contributor: Paul Barnhill FACTS: Client hired Attorney in connection with a business deal involving a ...
NJ: Affidavit of Merit Statute and Lateness
Stoecker v. Echevarria, 975 A. 2d 975 – NJ: Appellate Div. 2009 Student Contributor: Christine Maharaj NJ: Underlying Real Estate Transaction Facts: Plaintiff brought malpractice claim against defendant (attorney) but ...
NY: Motions for Summary Judgment by Defense Creates a Question of Fact
Phillips v. Moran & Kufta, P.C., 53 A.D.3d 1044, 862 N.Y.S.2d 875 (2008) NY: Underlying personal injury claim against municipality Student Contributor: Michael Park Facts: The plaintiff retained attorney in ...
NY But for: Shifting the Burden to Defendant
Gamer v. Ross, 2008 NY Slip Op. 2107 (App Div. 2d Dept) NY: Underlying personal injury action; missing discovery causes summary judgment dismissing complain Student Contributor: Josh Aronson Facts: In the ...
NY: The Delicate Balance Between Proximate Cause and Collateral Estoppel
Pechko v. Gendelman, 20 A.D.3d 404; 799 N.Y.S.2d 80 (2nd Dept. 2005) NY Underlying Medical Malpractice Action Student Contributor: Natalie Resto Facts: The plaintiff underwent a mammogram while a patient ...