Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Entire Controversy Doctrine

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NJ: Legal Malpractice: Exception to the Entire Controversy Doctrine

Posted in Entire Controversy Doctrine, Litigation, New Jersey, Torts/Personal Injury
Donohue v. Kuhn, 696 A.2d 664 (N.J. 1997)  NJ Underlying case: tort/personal injury/wrongful death Student Contributor: John Anzalone Facts: Plaintiffs retained Defendant attorney to represent them in a wrongful death and survivorship suit. The attorney failed to file the cases during the applicable  time period.   Plaintiffs secured another attorney after the statute of limitations… Continue Reading

NJ: Gere v. Louis and DeBartolo: Another Nail in the Puder Coffin

Posted in Entire Controversy Doctrine, New Jersey
Julia Gere v. Frank A. Louis, Esq., and John DeBartolo, Esq. (A-78-10) (066926) Argued November 7, 2011 — Decided March 6, 2012 NJ: Underlying divorce settlement; entire controversy doctrine In this appeal, the Court considers whether plaintiff’s legal malpractice claim is barred under Puder v. Buechel, 183 N.J. 428 (2005). The Syllabus issued by the… Continue Reading

TX: Malpractice Action Can’t Be Litigated in Previous Suit

Posted in Entire Controversy Doctrine, Family Law, Texas
Ayre v. JD Bucky Allshouse, PC, 942 S.W.2d 24 (Tex. App. Houston 14th Dist. 1996) TX: Underlying divorce action Student Contributor: Megan Diodato Facts:  The malpractice suit arises from a divorce action. The client hired an attorney to enforce a court order against her husband and enjoin his firm in action. The attorney instead negotiated… Continue Reading

NJ: Supreme Court Reinstates Malpractice Case Against a Sitting Judge

Posted in Entire Controversy Doctrine, New Jersey, Wills Trusts & Estates
Higgins v. Mary Thurber NJ Supreme Court (Mar. 16, 2011) affirming 413 N.J. Super. 1 (App Div. 2010) NJ: Underlying estate accounting FACTS: The underlying matter was a probate proceeding where the beneficiaries challenged an accounting filed by the Executor. The challenge sought to contest the Executor’s sale of 2 New York Mercantile Exchange seats… Continue Reading

NJ: Olds v. Donnelly Alive and Well, Entire Controversy Doctrine No Bar to Legal Malpractice Actions

Posted in Entire Controversy Doctrine, New Jersey
Sklodowsky v. Lushis, N.J. App. Div., February 2, 2011.  Facts: After a real estate deal went sour, plaintiff filed suit against the prospective buyer and sought a judgment permitting him to retain the deposit as liquidated damages.  Allegedly, plaintiff instituted that lawsuit on the advise of Defendants, his counsel in the real estate transaction.  … Continue Reading

NY: Fee Dispute, Malpractice, and Res Judicata

Posted in Entire Controversy Doctrine, New York
Liberty Associates v. Etkin, 2010 NY Slip Op 225 (2nd Dept. Jan. 10, 2010) Facts:  In March, 2002, the plaintiff, Liberty Associates, commenced an action to recover damages for legal malpractice against their former attorney. In January, 2003, the attorney’s firm commenced an action against Liberty Associates in the Superior Court of New Jersey to… Continue Reading

NY: Collateral Estoppel No Defense to Legal Malpractice Action

Posted in Entire Controversy Doctrine, New York, Torts/Personal Injury
Alaimo v. McGeorge, 893 N.Y.S.2d 331 (3rd Dept. 2010) Underlying Personal Injury Action Facts:  Plaintiffs initiated a pro-se personal injury action in 1999.  In May, 2004, Plaintiffs retained the defendant attorneys to prosecute their claims.  Approximately one month later, Plaintiffs’ action was struck for failure to present a medical expert.  Plaintiffs were given one year… Continue Reading

NJ: Entire Controversy Doctrine No Bar to Legal Malpractice Claim

Posted in Entire Controversy Doctrine, New Jersey, Statute of Limitations, Wills Trusts & Estates
Higgins v. Thurber (N.J. App. Div. April 21, 2010) NJ Underlying will contest Facts: At the time Salvatore Calcaterra died, he had been married to his second wife, Donna. Prior to his death, Sal executed a Will disinheriting Donna. Prior to his death, Donna transferred four New York Mercantile Exchange seats to herself using Sal’s… Continue Reading

NJ: Something New About “Olds”: Legal Mal Suit Barred by Entire Controversy Doctrine

Posted in Entire Controversy Doctrine
Sklodowsky v. Lushis, et al ., HNT-L-649-09 (March 19, 2010, J. Buchsbaum) Facts: In November 2003, the Plaintiff agreed to sell his marital home and real estate to “Developer”. He sought legal advice from an attorney and his firm (“Defendants”). Plaintiff maintained that he specifically advised Defendants that he was having marital problems and that… Continue Reading

Ineffective Assistance of Counsel: Bar to Civil Action for Legal Malpractice

Posted in Criminal Law, Entire Controversy Doctrine, Federal, New Jersey
Alevras v. Tacopina, 399 F.Supp.2d 567 (D.N.J. 2005) NJ Underlying criminal action Student Contributor: Colleen Gaedcke Facts: The plaintiff was indicted and prosecuted on various counts of criminal violations in federal court. He was appointed counsel, but later retained the defendants to represent him. Upon advice of the defendant attorneys, plaintiff accepted an unfavorable plea… Continue Reading

NJ: Defense to Legal Malpractice: The Entire Controversy Doctrine

Posted in Entire Controversy Doctrine, Litigation, New Jersey, Real Estate
Ellison v. Schenck, Price, Smith & King, 654 A.2d 1024 (N.J.Super.A.D. 1995) NJ Underlying Real Estate and Litigation Student Contributor: John J. Anzalone Facts: Plaintiff’s entered into a lease for developing cemetery grounds. Defendant represented both Plaintiff and the Cemetery. The Defendant also represented the plaintiff in negotiating the terms of the sublease of leased… Continue Reading