Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Jurisdictions

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LAWYER EXPERT NOT NEEDED TO WIN A SUMMARY JUDGMENT

Posted in Pennsylvania
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. The appellant retained the appellee to represent him in the underlying action. The appellees filed suit against Amtrak but not against the South Eastern Pennsylvania… Continue Reading

PA: MALPRACTICE (MEDICAL) BEGETS MALPRACTICE (LEGAL)

Posted in Pennsylvania
Maxer v. Security Ins. Group, 368 F. Supp. 418 (E.D.Pa. 1973) Underlying PA Medical Malpractice Action Student Contributor: Colleen Gaedcke Facts: The plaintiff brought a medical malpractice action against a doctor who was insured by the defendant insurance company. At the time of the alleged medical malpractice the doctor had two insurance polices, one being… Continue Reading

NY: INTERNATIONAL BUSINESS ADVICE NOT LEGAL MALPRACTICE

Posted in New York
GUS Consulting GmbH v. Chadbourne & Parke, LLP, 74 A.D.3d 677, 905 N.Y.S.2d 158 (2010) NY: underlying international corporate case Student Contributor: Alexis Trezza Facts: Defendants represented CAIB and its affiliates in international investments. Plaintiffs sued defendants for legal malpractice because plaintiffs allege that defendants failed to warn them, in 1998, of possible criminal consequences… Continue Reading

NC: Statute of Limitations | Legal Malpractice| Appeals

Posted in North Carolina
Ventriglia v. Deese, 194 N.C. App. 344, 669 S.E.2d. 817 (2008) NC: Underlying Matrimonial trial  Student Contributor: David Yanoff Facts: Plaintiff retained defendant to represent him in divorce proceedings. Plaintiff separated from his wife on October 27, 2000, who filed for absolute divorce on October 29, 2001. Plaintiff counterclaimed for equitable distribution and alimony. Absolute… Continue Reading

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

Texas | Lawyer Fraud | Fiduciary Duty | Professional Negligence

Posted in Texas
Shih v. Tamisiea, 306 S.W.3d. 939 (Tex. App. 2010) TX: Contract law Student contributor: David Yanoff Facts:  Plaintiff invested in a new restaurant by purchasing shares of a company (ABF) that leased retail space for the restaurant. Plaintiff also personally guaranteed the lease payments. The restaurant developers contracted with a third party (Momentum Group) for… Continue Reading

CT: LEGAL MAL STATUTE OF LIMITATIONS and THE CONTINUOUS REPRESENTATION RULE

Posted in Connecticut
Bagoly v. Riccio, 102 Conn. App. 792, 927 A.2d 950 (2007) CT: Underlying post marital dissolution matter Student Contributor: Nicholas Kingsbury Facts: The former client was dissatisfied with the result of his marital dissolution agreement, and had an attorney file a motion to clarify and modify the agreement. The attorney negotiated with the other side… Continue Reading

CT: LEGAL MAL COMPLAINT: PROCEDURE vs. SUBSTANCE

Posted in Connecticut
Olympia Mortgage Corp. v. Klein, 61 Conn. App. 305, 763 A.2d 1055 (2001) CT: Underlying legal advice and representation matter  Student Contributor:  Nicholas Kingsbury Facts: Client sued his former attorney and served him with a summons and complaint. The court dismissed the client’s complaint ruling that the client wrote an improper return date on the… Continue Reading

IL: Legal Malpractice Summary Judgements Denied!

Posted in Illinois, Real Estate
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 plaintiffs from doing construction on their land. Defendants were responsible for representing plaintiffs in the suit (Platenka suit). Plaintiffs allege that defendants breached their duty… Continue Reading

NJ Legal Malpractice: LANDMARK LAW: Lawyer Liability for Client Crimes: “My Lawyer Made Me Do It!”

Posted in New Jersey
Winstock v. Galasso, ___ N.J. Super. ___ (App. Div. 2013) (Decided May 6, 2013) NJ: Underlying Criminal Plea due to bad legal advice FACTS: This is an appeal from a dismissal by way of summary judgment of plaintiffs’ legal malpractice claim against their former attorney. Plaintiffs sue defendant lawyer for incorrect legal advice which resulted… Continue Reading

NH: Legal Malpractice: The Innocent Guilty Plea (???)

Posted in Criminal Law, New Hampshire, Proximate Cause
Hilario v. Reardon, 158 N.H. 56 (2008). NH: Underlying Criminal Procedure, Guilty Plea Student Contributor: Peter J. Jannace FACTS: Plaintiff was indicted on various charges; he then entered into a plea arrangement with the State which provided that if he met certain conditions, including cooperating in other prosecutions, the State would petition for the suspension… Continue Reading

VT: Legal Malpractice On Malice and Punitive Damages

Posted in Damages, Vermont
DeYoung v. Ruggiero, 185 Vt. 267 (2009). VT: Wills, Trusts & Estates Student Contributor: Peter J. Jannace FACTS: Plaintiffs hired defendant to close on the purchase of a house in Vermont. Plaintiffs later inherited a substantial amount; due to a communication breakdown between the decedent and the plaintiffs, plaintiffs hired defendant to ensure that plaintiffs… Continue Reading

SC: No Privity with Trust Beneficiaries, No Fiduciary Duty

Posted in South Carolina
Argoe v. Threee Rivers Behavioral Center and Psychiatric Solutions, 388 S.C. 394, 697 S.E.2d 551 (2010) SC: Underlying Trusts, Real Estate; Breach of Fiduciary Duty Student Contributor: Nicholas Seabrooks Facts: Martha Argoe’s husband and son retained the defendant attorney Walsh to help protect her from her own irresponsible and erratic behavior. According to the husband and… Continue Reading

S.C. Legal Malpractice: No Guarantee for Underlying Arbitration Outcome

Posted in Real Estate, South Carolina
Harris Teeter, Inc. v. Moore & Van Allen, PLLC, 390 S.C. 275, 701 S.E. 2d 742 (2010) S.C. Underlying arbitration/breach of lease Student Contributor: Nicholas Seabrooks Facts:  Harris Teeter was a supermarket that leased property from a company that later sold the property to Eastbay Venture LLC. In the lease renewal contract Eastbay decided to amend… Continue Reading

NJ: Legal Malpractice=No Underlying Attorneys Fee Charged Against Recovery

Posted in New Jersey
DiStefano v. Greenstone et al., 357 N.J.Super. 352 (App.Div. 2003) NJ: Underlying Case: Personal Injury in foreign country Student Contributor: Percy Pomares Facts: Plaintiff filed claim against defendant for mishandling their personal injury claim. A contingency fee agreement of 33 1/3% was entered into between the plaintiff and defendant in turn for the plaintiff’s representation… Continue Reading

NY: Legal Malpractice No Merit to Underlying Claim? Do Your Discovery!

Posted in New York
Riordan v. Cellino & Barnes, P.C., 84 A.D.3d 1737, 922 N.Y.S.2d 728 (2011) NY: underlying labor and negligence actions Student Contributor: Alexis Trezza Facts: Plaintiff commenced a legal malpractice action against defendants seeking damages that plaintiffs alleged resulted from defendants’ negligent representation of Clarence F. Riordan in the underlying Labor Law and common law negligence… Continue Reading

NY: Legal Malpractice for Failure to Cancel a Real Estate Contract?

Posted in Damages, New York, Proximate Cause
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 (purchaser) entered into a contract for the sale of certain real property. She was given forty-five days in which to secure a mortgage. In the… Continue Reading

NY: Statute of Limitations Retroactive Application

Posted in New York
Berman v. Cullen & Dykman et al., 291 A.D.2d 518, 739 N.Y.S.2d 169 (2002) NY: underlying commercial transaction, security interest, financing statement Student Contributor: Alexis Trezza Facts: Defendants represented plaintiffs in the sale of their business. In connection with same, defendants filed a financing statement in order to perfect plaintiff’s security interest in the purchaser’s… Continue Reading

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
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