Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: summary judgment

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

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

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

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:Client’s Duty to Cooperate with Counsel Causes Their Own Damage

Posted in New York
Ryan v. Powers & Santola, LLP, 73 A.D.3d 1273, 899 N.Y.S.2d 486 (2010) NY: underlying personal injury case Student Contributor: Alexis Trezza Facts: Plaintiff was injured while dining at a T.G.I.Friday’s restaurant in September 1999. He retained defendants to represent him in a negligence action against T.G.I.Friday’s and Carlson Restaurants Worldwide, and a lawsuit was… Continue Reading

GA: To Survive Summary Judgment Client Must be Specific as to Attorney’s Negligence

Posted in Affidavit/Certificate of Merit, Commercial, Georgia, Rules of Professional Conduct (RPCs), Standard of Care
Roberts v. Langdale, 363 S.E.2d 591 (Ga. App. 1987) GA: Promissory Notes; Personal Guarantees Student Contributor: Paul Barnhill FACTS: Client hired Attorney in connection with a business deal involving a company called Versa-Tile. Versa-Tile issued two promissory notes in favor of The First National Bank of Valdosta, and Client became a personal guarantor on these… Continue Reading

NJ: Affidavit of Merit Statute and Lateness

Posted in Affidavit/Certificate of Merit, New Jersey
Stoecker v. Echevarria, 975 A. 2d 975 – NJ: Appellate Div. 2009 Student Contributor: Christine Maharaj NJ: Underlying Real Estate Transaction Facts: Plaintiff brought malpractice claim against defendant (attorney) but served affidavit of merit more than 120 days after defendant’s amended answer. The trial court dismissed plaintiff’s claim for failure to comply with the affidavit… Continue Reading

NY: Motions for Summary Judgment by Defense Creates a Question of Fact

Posted in New York, Torts/Personal Injury
Phillips v. Moran & Kufta, P.C., 53 A.D.3d 1044, 862 N.Y.S.2d 875 (2008) NY: Underlying personal injury claim against municipality Student Contributor: Michael Park Facts: The plaintiff retained attorney in an underlying personal injury claim which occurred on municipal property. Attorney failed to commence an action against the municipality and also failed to make an… Continue Reading

NY But for: Shifting the Burden to Defendant

Posted in But for-Proximate Cause, Litigation, New York, Torts/Personal Injury
Gamer v. Ross, 2008 NY Slip Op. 2107 (App Div. 2d Dept) NY: Underlying personal injury action; missing discovery causes summary judgment dismissing complain Student Contributor: Josh Aronson Facts: In the underlying case, the plaintiff was injured when he tripped and fell over wires and debris while roller skating on a public sidewalk adjacent to a… Continue Reading

NY: The Delicate Balance Between Proximate Cause and Collateral Estoppel

Posted in But for-Proximate Cause, New York, Proximate Cause, Torts/Personal Injury
Pechko v. Gendelman,  20 A.D.3d 404; 799 N.Y.S.2d 80 (2nd Dept. 2005) NY Underlying Medical Malpractice Action Student Contributor: Natalie Resto Facts: The plaintiff underwent a mammogram while a patient with Doctor #1, who, she claimed, told her that the mammogram was normal. Later that year she underwent a mammogram with Doctor #2 and was… Continue Reading
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