Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Mitigation of Damages

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NC: Failure to Mitigate is Not Contributory Negligence

Posted in Mitigation of Damages, North Carolina
Hummer v. Pulley, Watson, King & Lischer, P.A., 140 N.C. App. 270, 536 S.E.2d. 349 (2000) NC: Employment law Student contributor: David Yanoff Facts:    Plaintiff was a “career status teacher” in a public school. After an incident with the principal (an argument where plaintiff insisted he did nothing wrong) in which plaintiff was threatened… Continue Reading

NJ: Time Limits That Can Bite You, When You Least Expect it

Posted in Mitigation of Damages, New Jersey
Barry v. Barry, App. Div. of N.J., October 29, 2010 (Unreported) NJ: Underlying Matrimonial Case Facts: The Plaintiff’s former law firm appeals an order denying its motion to intervene in a matrimonial case, contending that Plaintiff’s current counsel  mishandled the case. The former firm obtained a final judgment of divorce, entitling Plaintiff to half of… Continue Reading

E.D.Pa. Attorneys Fees a Damages Offset in Legal Malpractice Actions?

Posted in Attorneys Fees, Federal, Litigation, Mitigation of Damages
Duncan v. Lord, 409 F.Supp. 687 (E.D. Pa, 1976) Underlying action: legal malpractice money damages Student Contributor: Ryan O’Donnell Facts: Attorney was found liable for malpractice. In a post trial brief, he asserted that the amount plaintiff would have recovered should be reduced in the malpractice action by the amount of what the attorney’s fee… Continue Reading

Settlement to Mitigate Damages Will Not Preclude Legal Malpractice Action

Posted in Commercial, Damages, Mitigation of Damages, New Jersey
Prospect Rehabilitation Services, Inc. v. Squitieri, 392 N.J. Super. 157 (App. Div. 2007) NJ Underlying Commercial Action Student Contributor: Melissa Goldberg Facts: Plaintiff sued a nursing home for overpayment of rent and construction advances in an underlying action in which Plaintiff’s lawyer had failed to include a Medicare claim. Plaintiff fired its attorney and tried… Continue Reading
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