Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: sanctions

TX: No sanctions for Law Firms for Frivolous Litigation (But not so individual attorneys)

Posted in Texas
Yuen v. Gerson, 342 S.W.3d. 824 (Tex. App. 2011) TX: Civil procedure Student contributor: David Yanoff Facts: Gerson represented Paul Law in a separate lawsuit. When Gerson withdrew, Law retained Yuen and his firm. Law subsequently sued Gerson for negligence, gross negligence, breach of contract, breach of fiduciary duty, and DTPA violations based in his representation … Continue Reading

TX: No sanctions for Law Firms for Frivolous Litigation

Posted in Texas
Yuen v. Gerson, 342 S.W.3d. 824 (Tex. App. 2011) TX: Civil procedure; sanctions Student contributor: David Yanoff Facts:  Gerson represented Paul Law in a separate lawsuit. When Gerson withdrew, Law retained Yuen and his firm. Law subsequently sued Gerson for negligence, gross negligence, breach of contract, breach of fiduciary duty, and DTPA violations based in … Continue Reading

NY: Plaintiff’s Misconduct Can’t Be Involved In Malpractice

Posted in New York
Selletti v. Liotti, 804 NYS 2d 739, 22 A.D.3d 739 (2d Dept 2005) NY: Underlying litigation; sanctions for discovery abuses Student Contributor: M. Rubin Facts: Defendant attorney represented plaintiff client in a federal action. The federal court  imposed monetary sanctions of $5,000 on plaintiff client for discovery abuses. Plaintiff then brought a claim in state … Continue Reading

FRCP Rule 11 Liability for Lawyers

Posted in Federal, Intellectual Property
Hays v. Sony Corp. of America, 847 F. 2d 412 (7th Cir. 1988) Underlying copyright dispute Student Contributor: Clem Durham Facts: The plaintiffs, Stephanie Hays and Gail MacDonald, teach business courses at a public high school in Des Plaines, Illinois. In 1982 or 1983 they prepared a manual for their students on how to operate … Continue Reading

AZ: “Bad Faith” Sanctions for Client and Attorney

Posted in Arizona
Stone v. Greenberg Traurig, LLP, USDC, Arizona, March 21, 2011 Facts: Plaintiff’s counsel allegedly filed briefs with the Court and misstated certains facts and conclusions of law. Apparently, Plaintiff’s counsel also made misrepresentations at oral argument. Although the Court warned Plaintiff that further misrepresentations could result in sanctions, the misrepresentations apparently continued.  Further, the Court … Continue Reading

SC: Filing Frivolous Action Results in Attorney Sanctions

Posted in Duties: Investigate, Litigation, South Carolina, Standard of Care, Torts/Personal Injury
Ex parte Gregory, 378 S.C. 430 (S.C. 2008) SC: Underlying tort action-settlement Student Contributor: Karen Dindayal Facts:  Jerry Bittle sustained brain injuries from an automobile accident, rendering him mentally incompetent. Bittle’s mother, Melton, retained Malloy to represent Bittle for his injuries. Melton and Bittle reached a settlement with the insurance company for the claims made, … Continue Reading

SC: Filing Frivolous Actions Result in Attorney Sactions

Posted in Duties: Investigate, South Carolina
Ex parte Gregory, 378 S.C. 430 (S.C. 2008) SC: Underlying tort action Student Contributor: Karen Dindayal Facts:  Jerry Bittle sustained brain injuries from an automobile accident, rendering him mentally incompetent. Bittle’s mother, Melton, retained Gerald Malloy to represent Bittle in recovering for his injuries. Melton and Bittle reached a settlement with the insurance company for … Continue Reading

“Bad Faith”: A Prerequisite to NJ Frivolous Litigation Sanctions

Posted in Commercial, Litigation, New Jersey
Torgro Limousine Service, Inc v. 76 Carriage Co., Inc., Superior Court of New Jersey, Appellate Division, May 25, 2010 Facts:  The defendant filed suit against the plaintiff in Pennsylvania for breach of contract.  Defendant obtained a default judgment and docketed the judgment in New Jersey.  Plaintiff then unsuccessfully attempted to reopen the default judgment in Pennsylvania.  … Continue Reading
.