Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: expert testimony

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

KY: Judge As A Witness Not Permitted

Posted in Torts/Personal Injury
Marrs v. Kelly, 95 S.W.3d 856 (Ky. 2003) KY: Underlying Workers Compensation Student Contributor: Louis Dell Facts: Mars injured her back at work and brought a workers compensation claim. Mars was represented by Kelly. She received a 10% occupational disability settlement. Several years later she injured her back again and received the same settlement. She… Continue Reading

NJ: Reasonableness of Attorneys Fees Requires Expert Testimony

Posted in Attorneys Fees, Commercial, New Jersey
Brach, Eichler, etc. v. Ezekwo, 345 N.J. Super. 1 ( App. Div. 2001) NJ: Underlying contract cases Student Contributor: Le-el D. Sinai Facts: Defendant client retained attorney plaintiff to represent her in several attempts to get medical board certification and in disputes with insurance companies. The attempts to get  certification were unsuccessful. The attorney and… Continue Reading

CT: Lack of Expert Testimony Kills A Legal Malpractice Claim Couched As a Breach of Fiduciary Duty Claim

Posted in Connecticut, Expert Witnesses, Fiduciary Duty, Wills Trusts & Estates
Marciano v. Kraner, 126 Conn. App. 171, appeal denied, 300 Conn. 922 (2011) CT:  Underlying Wills, Trusts, and Estates Disputes Student Contributor: Jennifer Hanley Facts: Client’s parents were older and experiencing serious health difficulties. Concerned with preserving their property and assets, he contacted an attorney to provide advice on the matter. The attorney (“Attorney”) advised… Continue Reading

NJ: Legal Malpractice Expert Shielded by Absolute Litigation Privilege

Posted in Expert Witnesses, New Jersey, Privity, Torts/Personal Injury
Reilly, Supple & Wischusen, LLP v. Malcolm Blum v. Michael P. Ambrosio (NJ App. Div. March 9, 2011 UNPUBLISHED) NJ: Underlying legal malpractice action FACTS:  Attorney Blum was sued by a former client   in an underlying legal malpractice action,   which was dismissed on summary judgment eventhough plaintiff had a legal malpractice expert report.  Blum was represented… Continue Reading

ME: Effect of Factual Determinations by Fee Arb Panel

Posted in Attorneys Fees, Expert Witnesses, Maine
Perry v. Emerson, Supreme Judicial Court of Maine, October 26, 2010.  Facts:  Emerson initiated a fee arbitration proceeding against her former attorneys, alleging that she never agreed to be responsible for the legal fees incurred in her divorce action and she was led to believe her husband would be responsible for the fees. The arbitration panel… Continue Reading
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