NJ: No Privity, No Problem
Rathblott v. Levin, 697 F. Supp. 817 (D.C. N.J. 1988) NJ Underlying Probate Action Student Contributor: Christopher S. Henn Facts: The decedent, an attorney, suffered esophageal cancer for ten years ...
NY: Hearst Heir in Legal Malpractice Claim Alleges Undue Influence
Hearst v. Hearst, 50 A.D.3d 959, 857 N.Y.S.2d 596 (App. Div. 2d Dep’t 2008). NY: Underlying divorce case and undue influence claim Student Contributor: Nicole Milone Facts: John Randolph Hearst, ...
NJ: Supreme Court Reinstates Malpractice Case Against a Sitting Judge
Higgins v. Mary Thurber NJ Supreme Court (Mar. 16, 2011) affirming 413 N.J. Super. 1 (App Div. 2010) NJ: Underlying estate accounting FACTS: The underlying matter was a probate proceeding ...
NJ: Lawyers' Duty to Third Parties (circa 1988)
Rathblott v. Levin, 697 F. Supp. 817 (D.N.J. 1988) NJ: Underlying dispute over a will Student Contributor: Laura Binski Facts: Albert Rathblott (the client) died on October 19, 1979. He ...
NJ: Lawyers' Duty to Third Parties
Rathblott v. Levin, 697 F. Supp. 817 (D.N.J. 1988) NJ: Underlying dispute over a will Student Contributor: Laura Binski Facts: Albert Rathblott (the client) died from cancer on October 19, ...
SC: Nonexistent Will Equals Nonexistent Duty
Rydde v. Morris, 381 S.C. 643 (S.C. 2009) SC: Underlying estate matter Student Contributor: Karen Dindayal Facts: Johanna W. Knight was an elderly person, who retained Morris to handle her ...
FL: Lawyer Liability for Implicit Agreements
Gunster, Yoakley & Stewart, P.A. v. McAdam, 965 So.2d 182 (2007) FL: Underlying probate representation Student Contributor: Farah Shahidpour Facts: Personal representatives of Client’s brought an action against their probate ...
NJ Statute of Limitations: When Does it Begin to Run?
Pasqua v. Masone, N.J. App. Div., August 19, 2010 (Unpublished). Facts: Plaintiff, the administrator of his mother’s estate, appeals from the dismissal of the estate’s complaint against the defendant attorney. ...
PA: Death Bed Wills: Duty of Loyalty to Client or His Alleged "Agent"?
Gregg v. Lindsay, 437 Pa. Super. 206 (Pa. Super. Ct. 1994) PA: Underlying Wills Transaction Student Contributor: Melissa Goldberg Facts: Defendant drafted a will for Blain, which was duly executed. ...
NY: The Essential Defense Expert
Estate of Nevelson v. Carro, Spanbock, Kaster et al. 259 A.D.2d 282; 686 N.Y.S.2d 404 (1st Dept.1999) NY Underlying Estate Tax Matter Student Contributor: Natalie Resto Facts: Plaintiff corporation was created ...