Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: jurisdiction

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

U.S. Supreme Court: State Courts Have Jurisdiction Over Patent-Related Legal Malpractice Claims

Posted in Federal
Gunn v. Minton, 568 U.S. ___ (2013) US Supreme Court: Underlying patent infringement suit FACTS:   Minton was awarded a patent covering a computer program and telecommunications network for the securities trading industry. He then filed a patent infringement action against the National Association of Securities Dealers (NASD) and NASDAQ. He was represented by Attorney Gunn.… Continue Reading

Fed. Cir.: Finding Federal Jurisdiction for a Legal Malpractice Claim

Posted in Federal, Intellectual Property
Warrior Sports, Inc. v. Dickinson Wright, P.L.L.C., 631 F.3d 1367 (Fed. Cir. 2011) MI: Patent Law Student Contributor: Stefan Campagna Facts: The underlying action was brought by   a patent holder  whose attorneys filed an infringement suit involving patents  for  lacrosse sticks and heads.   The patent owner filed a malpractice suit against their former… Continue Reading

7th Cir: A Claim, By Any Other Name…

Posted in Commercial, Conflicts of Interest, Corporate Law, Expert Witnesses, Federal, Fiduciary Duty, Legal Ethics, Litigation
Hoagland v. Sandberg, Phoenix & Von Gontard, 385 F. 3d 737 (2004) 7th Cir.: Underlying legal malpractice claim Student Contributor: Clem Durham Facts: The district court determined after a bench trial that Hoagland’s suit failed as a suit for legal malpractice. Hoagland doesn’t disagree. His grievance is that he should have been allowed either to… Continue Reading

FL: No Jurisdiction, Even where Effects of Injury are felt in FL

Posted in Family Law, Florida
Hirsch v. Weitz, 16 So.3d 148 (Fla. App. 2009) FL: Underlying divorce, negotiated marital settlement agreement Student Contributor: Farah Shahidpour Facts: Client hired a NY Attorney to represent him in his divorce from his former wife and to negotiate the marital settlement agreement (“agreement”). Under the agreement, the parties’ rights and obligations were to be… Continue Reading

NJ: Long Arm Jurisdiction in Malpractice Actions, Gets Even Longer

Posted in New Jersey
Halley v. Myatt, Superior Court of New Jersey, Appellate Division, May 3, 2010 Facts:  Plaintiffs retained a New York attorney, not licensed in New Jersey, to represent them in negotiating a remedy with their lenders to avoid foreclosure proceedings.  Although the attorney negotiated a settlement agreement, Plaintiffs learned shortly thereafter that she had failed to investigate… Continue Reading

TX: Legal Malpractice Actions Don’t “Arise Under” Federal Law

Posted in Federal, Intellectual Property
Roof Technical Services, Inc. v. Hill, 679 F.Supp.2d 749 (N.D.Texas 2010) Underlying Patent/Trademark Matter Facts:  Plaintiff invented a roof venting technique and retained Defendant Hill to secure patent protection.  In the instant action, Plaintiff alleged that it was unable to obtain patent protection due, in part, to Defendant’s failure to timely submit a conforming application to the… Continue Reading

Jurisdiction: Property in NJ Snags NY Closing Attorney for Malpractice

Posted in New Jersey, Real Estate
First American Title Ins. Co v. Jordan W. Kapchan,  Superior Court of NJ App Div. Docket No. A-5953-08T2 (decided April 12, 2010) NJ Underlying mortgage loan Facts: Plaintiff title insurer from California,  had to pay out $150,000 to 5 intended payees of mortgage proceeds—all from outside NJ, who did not receive payment from mortgage closing… Continue Reading
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