Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Discovery Rule

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Texas | Implied Relationship | Lawyer Malpractice | Privity |Contract Breach|

Posted in Discovery Rule, Privity, Texas
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 husband had signed a contract to purchase real property in 1991, to which plaintiff was not a party. When he defaulted, a judgment of $82,000… Continue Reading

CA: Statute of Limitations tolled until client discovers or should discover cause of action for attorney malpractice

Posted in California, Discovery Rule
Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 6 Cal. 3d 176, 491 P.2d 421 (1971) CA: Tort Law Student Contributor: Louis Dell Facts: Plaintiffs hired an attorney to represent their wrongful death action against San Bernardino County. The attorney, without informing the plaintiffs, associated as counsel another law firm. Neither the original or new… Continue Reading

FL: Defendant Can Raise Affirmative Defense SOL in Answer in Complaint Does Not Show the Cause is Time Barred

Posted in Discovery Rule, Florida
Jelenc v. Draper, 678 So.2d 917 (Fla. App. 1996) Student Contributor: Ross Eisenberg FL: Underlying Personal Injury Facts: Plaintiffs retained the Defendant law firm for a personal injury action. The partner gave the case to his associate to handle. The associate misrepresented to the Plaintiff that he had commenced legal proceedings. Plaintiff made phone calls… Continue Reading

MS: When Does the Clock Start to Tick?

Posted in Discovery Rule, Mississippi, Statute of Limitations
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 be dismissed. Plaintiff argued that the statute of limitations doesn’t begin to run until the attorney’s representation ends.  Issue: When did the statute of limitations… Continue Reading

NJ Statute of Limitations: When Does it Begin to Run?

Posted in Discovery Rule, Statute of Limitations
Ricca v. Anastasio, D.N.J., August 2, 2010 Facts:  Plaintiff filed for Chapter 7 bankruptcy in 1988 after having a judgment entered against him.  Defendant represented him in the Chapter 7 proceeding.  The Bankruptcy Court found that the judgment entered against Plaintiff was non-dischargeable, since it had been entered for fraud and defalcation while serving in… Continue Reading

Duty to Investigate and the Statute of Limitations Discovery Rule

Posted in Discovery Rule, Duties: Investigate, New Jersey, Statute of Limitations, Torts/Personal Injury
Brizak v. Needle  239 N.J. Super. 415 (App. Div. 1990) Student Contributor: Maninder (Meena) Saini NJ Underlying  Medical Malpractice Action Facts: Plaintiff-client commenced a malpractice lawsuit against defendant-attorney, alleging the defendant was negligent by failing to file a medical malpractice claim before the expiration of the statute of limitations (“SOL”). The defendant argued that the… Continue Reading
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