By Ben Wasserman on Posted in Damages,VermontDeYoung v. Ruggiero, 185 Vt. 267 (2009). VT: Wills, Trusts & Estates Student Contributor: Peter J. Jannace FACTS: Plaintiffs hired defendant to close on the purchase of a house in Vermont. Plaintiffs later inherited a substantial amount; due to a communication breakdown between the decedent and the plaintiffs, plaintiffs hired defendant to ensure that plaintiffs… Continue Reading
By Ben Wasserman on Posted in California,DamagesCamenisch v. Superior Court, 44 Cal. App. 4th 1689, 52 Cal. Rptr. 2d 450 (1996) Underlying Action: CA: Torts Student Contributor: Louis Dell Facts: The plaintiff hired Camenisch to prepare trust and estate documents. He informed defendant that he did not want the proceeds of his life insurance tryst to become a taxable part of… Continue Reading
By Ben Wasserman on Posted in Damages,New York,Proximate CauseBells 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
By Ben Wasserman on Posted in Damages,New Jersey,PennsylvaniaProfessional Malpractice: Recovering Damages in Legal Malpractice Cases: An Update on What Type of Award, and How Much a Client Can Expect (New Jersey Law Journal, January 21, 2013). In the quickly evolving field of lawyer malpractice, one area that seems to get less attention than others is compensable damages. The question is: What… Continue Reading
By Ben Wasserman on Posted in California,DamagesLoube v. Loube, 64 Cal. App. 4th 421, 74 Cal. Rptr. 2d 906 (1998) CA: Partnership Law Student Contributor: Louis Dell Facts: Plaintiff’s hired law firm to bring an action against general partners in a real estate partnership. The plaintiff’s received a default judgment against the general partners exceeding $500,000. The partners filed a motion… Continue Reading
By David Drescher on Posted in Attorneys Fees,Commercial,Damages,Defenses,PennsylvaniaColeman v. Duane Morris, LLP (Superior Court of PA–Nov. 13, 2012) Underlying Matter: PA stock sale agreement to avoid personal tax liability; alleged breach of retainer contract claim for legal malpractice. Facts: Plaintiffs held ownership interests in two companies, BCA Management Inc. and BCA Professional Services, Inc. By 2006, the companies owed over $2 million… Continue Reading
By Ben Wasserman on Posted in Attorneys Fees,Damages,New Jersey,Real EstateNix v. Verp, NJ App Div 2-18-2011 (Not approved for Publication). Underlying matter: NJ Real estate closing; inappropriate title search resulting in legal malpractice action Ed. Note: We tend to diminish the value of unpublished decisions because of their limited precedential value. But make no mistake. As a means of getting a quick primer on… Continue Reading
By Ben Wasserman on Posted in Damages,FloridaMassey v. David 953 So.2d 599 (Fla. App. 2007) FL: personal injury Student Contributor: Arthur John FACTS: Client appealed a judgment in favor his former attorney alleging that the trial court erred when it did not enter judgment for him plus an award of costs and damages. Client’s suit against attorney arises from a tort… Continue Reading
By Ben Wasserman on Posted in Damages,New YorkDombrowski v. Bulson, 19 N.Y.3d 347, 948 N.Y.S.2d208 (Ct.of Appeals, 2012) NY: Underlying Criminal Defense; Ineffective Assistance of Counsel FACTS: Plaintiff convicted in New York of attempted rape and endangering the welfare of a child. His motion to vacate the conviction on the grounds of "ineffective assistance of counsel" is denied without a hearing. Plaintiff… Continue Reading
By Ben Wasserman on Posted in Damages,Florida,LitigationDadic v. Schneider, 722 So.2d 921 (Fla. App. 1998) Fla. App: Underlying Foreclosure Student Contributor: Ross Eisenberg Facts: Plaintiffs filed a complaint against their lawyer alleging one count of legal malpractice based on his failure to carry out their "specific instruction[s]" with respect to the litigation. They also made a claim for malpractice based on… Continue Reading
By Ben Wasserman on Posted in Damages,New YorkEvangelista v. Slatt, 20 AD 3d 349 (1st Dept. 2005) NY: Underlying Misappropriation Action Student Contributor: Mordechai Goldenberg Facts: Plaintiff sued a former employee to recover $7 million he allegedly misappropriated. Due to the former employee’s failure to answer the complaint, Plaintiff obtained a default order directing that the matter be set down for an… Continue Reading
By Ben Wasserman on Posted in Damages,New York,Proximate CauseHolschauer v. Fisher, 5 AD 3d 553 (2nd Dept. 2004) NY: Underlying Professional Misconduct Hearing Student Contributor: Mordechai Goldenberg Facts: Plaintiff is a physician who was charged with professional misconduct by the New York State Department of Health Office of Professional Medical Conduct. After the disciplinary hearing began, the defendant attorney negotiated a settlement with… Continue Reading
By Ben Wasserman on Posted in Attorneys Fees,Conflicts of Interest,Damages,Family Law,New YorkMontalbano, Condon, & Frank, PC v. Rodi, 54 A.D.3d 1012 (App. Div. 2d Dept. 2008) NY: Client subsequently barred from raising issues it failed to raise in first malpractice dispute. Student Contributor: Jared Levy Facts: The plaintiff law firm represented the defendant in the underlying matrimonial action. The defendant did not pay for the legal… Continue Reading
By Ben Wasserman on Posted in Attorneys Fees,Commercial,Damages,Litigation,New JerseyGlass v. Suburban Restoration Co., Inc., 317 N.J. Super. 574, 722 A.2d 944 (App. Div. 1998). NJ Underlying Attorney’s Fee Dispute Student Contributor: Michelle Guardado Facts: Plaintiff attorney provided legal services for defendant for about eight months until defendant discharged plaintiff. During the period plaintiff represented defendant she submitted bills for legal services and disbursements.… Continue Reading
By Ben Wasserman on Posted in Criminal Law,Damages,Federal,New JerseyLawson v. Nugent, 702 F. Supp. 91 (D.N.J. 1988) NJ: Underlying criminal conviction matter Student Contributor: Laura Binski Facts: The client was indicted for robbery of a Post Office and hired the lawyer to represent him. The client claims that the lawyer encouraged him to plead guilty to all three counts of the indictment without… Continue Reading
By Ben Wasserman on Posted in Damages,Family Law,Proximate CauseGilman v. Hohman, 725 N.E.2d 425 (Ind. Ct. App. 2000) IN: Underlying divorce action Student Contributor: Jeff Cain Facts: Husband and wife divorce. Husband is a doctor who is a staff member at a local clinic. Since the husband has no ownership interest in the clinic, and his employment contract with the clinic had a… Continue Reading
By Ben Wasserman on Posted in Damages,Defenses,Federal,Labor & Employent,Litigation,Torts/Personal Injury,WisconsinMcKnight v. Dean, 270 F. 3d 513 Underlying legal malpractice action Student Contributor: Clem Durham Facts: A dispute then arose between McKnight and Gingras, the lawyer who had handled the case in the district court, concerning attorneys’ fees. This dispute led Gingras to sue McKnight in a Wisconsin state court. One of McKnight’s defenses in… Continue Reading
By Ben Wasserman on Posted in Damages,Proximate Cause,Real Estate,West VirginiaKeister v. Talbott, 182 W.Va. 745, 391 S.E.2d 895 (W.Va. 1990) WV: Underlying real estate conveyance (mineral rights) Student Contributor: Karen Dindayal Facts: Keister retained Webster County attorney, William Talbott, to examine title to two tracts of land, specifically the ownership of the surface and coal and mining rights. Talbot drafted a general warranty deed on… Continue Reading
By Ben Wasserman on Posted in Damages,Family Law,PennsylvaniaMariscotti v. Tinari, 335 Pa. Super. 599, 485 A.2d 56 (1984). PA: Underlying divorce case Student Contributor: Laura Binski Facts: The client hired a lawyer to handle her divorce. The lawyer gave the client an incorrect evaluation of the stock owned by her husband. The lawyer told the client that the stock was worthless when… Continue Reading
By Ben Wasserman on Posted in Damages,Pennsylvania,Torts/Personal InjuryPashak v. Barish, 303 Pa. Super. 559, 450 A.2d 67 (1982). PA: Underlying negligence action Student Contributor: Laura Binski Facts: Mr. Pashak was injured working as a longshoreman. He sued the ship’s owner for negligence, claiming that the ship was unseaworthy. Mr. Pashak hired some lawyers who recommended that he settle the case out of… Continue Reading
By Ben Wasserman on Posted in Alabama,Damages,Torts/Personal InjuryOliver v. Towns, 738 So.2d 798 (1999). AL: Underlying personal injury action Student Contributor: Farah Shahidpour Facts: Client hired Attorney to represent her in a personal injury action after being involved in an automobile accident. She signed a contingency fee contract that provided for the Attorney to receive 40% of any settlement, in return for… Continue Reading
By Ben Wasserman on Posted in Damages,Michigan,Torts/Personal InjuryLickteig v Alderson, Ondov, Leonard, & Sween, P.A. 556 N.W.2d 557 MI: Underlying damages for emotional distress in a claim for legal malpractice Student Contributor: Meghan Jean Facts: Attorneys were admittedly negligent in the handling of the client, Lickteig’s case. At arbitration, Lickteig was awarded $45,000 in general damages, and $45,000 in emotional distress damages.… Continue Reading
By legalmalpractice on Posted in Damages,TexasWebb v. Brad Stockford, Texas Court of Appeals, January 10, 2011. Facts: Plaintiffs filed an action for malpractice against the Defendant attorney for allegedly mishandling their suit against a seller and his real estate agent in connection with plaintiffs’ purchase of their house. The Defendant attorney contended, among other things, that the malpractice suit ought… Continue Reading
