Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Judgmental Immunity

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

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

OK: Lawyer Judgment Call on an Unsettled Point of Law=No Liability

Posted in Labor & Employent, Oklahoma
Allred v. Rabon, 572 P.2d 979 (1977) OK.: Underlying employment action Student Contributor: Manju Sunny Facts: Client is seeking damages from two attorneys for legal malpractice. The underlying action was the recovery of damages for the breach of an employment contract. Because of the death of the defendant in the underlying case, attorneys brought suit… Continue Reading

PA: Judgmental Immunity for Bad Outcome is Not Malpractice

Posted in Criminal Law, Pennsylvania
Composition Roofers,etc. v. Katz 398 Pa. Super. 564; 581 A.2d 607 (1990) PA Underlying Criminal Action Student Contributor: Natalie Resto Facts: The Union retained the attorney to advise it on all legal matters. Thirteen of the Union’s former members were indicted for its alleged criminal attempts to benefit the Union and its members. The attorney… Continue Reading

VT: Judgmental Immunity for Legal Advice in Unsettled Areas of Law

Posted in Environmental, Land Use, Zoning, Real Estate, Vermont
Roberts v. Chimileski, 820 A.2d 995 (Vt. 2003) VT: Underlying Real Estate Subdivision; Environmental Law Student Contributor: Eric B. Kang Facts: Client, a real estate developer, consulted lawyers about a statute’s permit requirements concerning the subdivision of land into ten or more lots. The language pertinent to client stated that developers subdividing land into lots… Continue Reading
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