Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Statute of Limitations

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NC: Employer Can Not Touch Worker’s Award Money from Legal Malpractice Lawsuit

Posted in North Carolina, Statute of Limitations
Grant Construction Co. v. McRae, 146 N.C. App. 370, 553 S.E.2d 89 (2001) NC: Underlying personal injury matter Student Contributor: Nick Kingsbury Facts: Grant Construction’s worker was hurt on the job after a subcontractor left a dangerous condition on the site. The worker hired an attorney to represent him in his Workers Compensation case and… Continue Reading

NY: Continuous representation may trump three-year statute of limitations

Posted in Cases & Materials, Labor & Employent, Litigation, New York, Statute of Limitations
Aaron v. Roemer, Wallens & Mineaux, LLP, et al., Defendants, and Zahnleuter, 272 A.D.2d 752, 707 N.Y.S.2d 711 (2000) NY: underlying employment discrimination action Student Contributor: Alexis Trezza Facts: Plaintiff Steven L. Aaron was the defendant in two consolidated Federal sexual harassment suits. Defendant law firm Roemer, Wallens & Mineaux, or RWM (with defendant Richard… Continue Reading

GA: To Extend Statute of Limitations, Alleged Fraud Must Include an Aspect of Moral Turpitude

Posted in Georgia, Real Estate, Statute of Limitations
Kilby v. Shepherd, 339 S.E.2d 742 (Ga. App. 1986) GA: Underlying matter: Real Estate; Fraud Student Contributor: Paul Barnhill FACTS: Client hired attorney in connection with several deeds to real property her late husband had previously conveyed to his sister, claiming fraud and incompetency regarding the conveyance on March 20, 1975. Client did not specify… Continue Reading

NJ: Criminal Defense Malpractice

Posted in Criminal Law, New Jersey, Statute of Limitations
McGrogan v. Till, 167 N.J. 414, 771 A.2d 1187 (2001) NJ: Underlying criminal investigation Student Contributor: Jennifer Hanley Facts: The client hired the lawyer to represent him in connection with a criminal investigation. The client subsequently files a legal malpractice claim against the lawyer, for his representation during that investigation. When the client brought that… Continue Reading

NY: Procedural Defect Yields Failure to Timely Commence an Action

Posted in New York, Proximate Cause, Statute of Limitations, Torts/Personal Injury
Wilk v. Lewis & Lewis, P.C., 75 A.D.3d 1063 (4th Dep’t 2010) NY: Underlying personal injury action Student Contributor: Zahava Schwartz Facts: The plaintiff was injured while repairing railroad cars. He hired defendant lawyers to handle this case against his employer. His lawyers did not commence the suit on time and he was time barred… Continue Reading

NY: Defining Continuous Representation to Toll the SOL

Posted in Commercial, Corporate Law, New York, Statute of Limitations
R. Brooks Assoc., Inc. v Harter Secrest & Emery LLP ; 2012 NY Slip Op 00602 ; Decided on January 31, 2012 ; Appellate Division, NY: Underlying corporate and commercial transaction Student Contributor: Audrey Mars Facts: Plaintiff retained Defendant law firm to: (1) create a new corporation comprised of the assets of a financially failing… Continue Reading

NY: Continuous Representation Tolls Statute of Limitations Against Predecessor Law Firm

Posted in Intellectual Property, Litigation, New York, Statute of Limitations
New Kayak Pool Corp, v. Kavinoky Cook LLP, 74 A.D.3d 1852, 902 N.Y.S.2d 497 (App.Div 4th Dpt. 2010) NY: Underlying Trademark Infringement Student Contributor: Richard Sadowski Facts: Plaintiff brought action for legal malpractice alleging that the defendant failed to ascertain the existence of insurance coverage in the plaintiff’s underlying trademark infringement action. The attorney, then… Continue Reading

NJ: The Discovery Rule effect on the Statute of Limitations

Posted in Family Law, New Jersey, Statute of Limitations
Aykan v. Goldzweig, 238 N.J. Super. 389, 569 A.2d 905 (N.J. Super. L. 1989). NJ: Underlying matrimonial action Student Contributor: Laura Binski Facts: The client hired the lawyer to represent her in a matrimonial action, specifically a property distribution agreement and divorce by reason of extreme cruelty and battery. Two weeks after the property settlement… Continue Reading

PA: Legal Malpractice Claim Sounds in Tort, Not Contract

Posted in Federal, Pennsylvania, Statute of Limitations
Knopick v. Connelly, U.S.D.C., M.D. Pa., January 25, 2010. Facts: Knopick retained the services of the Defendant attorney in or about March 2007 order to pursue a claim for legal malpractice against his former attorneys in a divorce proceeding.  The Defendant attorney, however, refused to pursue the action and advised that Knopick statute of limitations… Continue Reading

IN: Fraudulent concealment does not stop the clock on statute of limitations

Posted in Commercial, Conflicts of Interest, Indiana, Statute of Limitations
Keesling v. Baker & Daniels, 571 N.E.2d 562 (Ind. Ct. App. 1991) IN: Underlying bankruptcy action Student Contributor: Jeff Cain Facts: Lawyers represented clients in a Chapter 11 bankruptcy case. When the lawyers discovered that they may have a conflict of interest with one of their creditors, they had the clients hire other lawyers to… Continue Reading

CT: Client Cannot Seek to Avoid Statute of Limitations by Bringing Her Claim Under Contract Law

Posted in Connecticut, Real Estate, Statute of Limitations
Pelletier v. Galske, 105 Conn. App. 77, 936 A.2d 689 (Conn. App. 2007). CT: Underlying real estate matter Student Contributor: Laura Binski Facts: The client hired the lawyer in 2001 to help her with her purchase of a condominium. In 2006, the client brought a legal malpractice claim against the lawyer. The client claims that… Continue Reading

IN: No “Accidental” Client-Lawyer Relationships

Posted in Indiana, Prospective Clients, Statute of Limitations, Torts/Personal Injury
Douglas v. Monroe, 743 N.E.2d 1181 (Ind. Ct. App. 2001) IN: Underlying wrongful death claim Student Contributor: Jeff Cain Facts: A college freshman drowns in his school’s pool. His mother is too distraught to seek counsel, but his older brother, who is a bank security guard, sees a lawyer in the lobby of the bank.… Continue Reading

WV: Action in Tort Independent from Action in Contract

Posted in Litigation, Statute of Limitations, Torts/Personal Injury, West Virginia
Harrison v. Casto, 165 W.Va. 787, 271 S.E.2d 774 (W.Va. 1980) WV: Underlying  personal injury and legal malpractice actions Student: Karen Dindayal Facts: Plaintiff, Paul H. Harrison hired attorney Don Kingery (#1) to file a personal injury action against Piedmont Airlines for injuries allegedly suffered while a passenger on a Piedmont plane. King failed to… Continue Reading

FL: Examining the Statute of Limitations

Posted in Florida, Statute of Limitations
McLeod v. Bankier, Fla. Dist. Ct. of App., 4th Dist., 2011 Facts: McLeod hired Attorney Tew to file a claim against Fidelity for allegedly executing a wrong margin call which led to the liquidation of his account. The case settled and McLeod signed a release in favor of Fidelity. His account balance, however, was never… Continue Reading

MI: SOL Runs on day Power of Atty is Revoked in Malpractice Suit

Posted in Intellectual Property, Michigan, Statute of Limitations
Wright v. Rinaldo, 279 Mich App 526, 533 n 3; 761 NW2d 114 (2008) MI: Underlying IP Student Contributor: Matthew Feinbloom Facts: In August 2000, Mr. Rickie Wright hired  Ronildo as his attorney in a patent case against the United States Patent and Trademark Office. Three years after hiring Ronildo, Wright was unsatisfied with her… Continue Reading

VA: Client’s Failure to Timely File Won’t Sever Proximate Cause

Posted in Proximate Cause, Statute of Limitations
Williams v. Joynes, 278 Va. 57, 677 S.E.2d 261 (2009) VA: Underlying Personal Injury Claim Student Contributor: Vanessa L. Wachira Facts: In 2003, Leo Williams (Client) retained Louis Joynes, II and David Dildy (Attorneys) to represent him in a personal injury claim that stemmed from an automobile accident involving two other vehicles—one driven and owned… Continue Reading

MS: When Does the Clock Start to Tick?

Posted in Discovery Rule, Mississippi, Statute of Limitations
Bennett v. Hill-Boren, P.C., 52 So. 3d 364 (Miss. 2011). Facts: Plaintiff sued former attorney for malpractice. Attorney argued that the statute of limitations had expired and plaintiffs’ claim should be dismissed. Plaintiff argued that the statute of limitations doesn’t begin to run until the attorney’s representation ends.  Issue: When did the statute of limitations… Continue Reading

NY: Continuous Representation in Unrelated Matters Will Not Toll Statute of Limitations

Posted in Commercial, New York, Real Estate, Statute of Limitations
Hasty Hills Stables, Inc. v. Dorfman, Lynch, Knoebel & Conway, LLP, 52 A.D.3d 566, 860 N.Y.S.2d 182 (App. Div. 1st Dep’t 2008). NY: Underlying real estate matter Student contributor: Nicole Milone Facts: Hasty Hills Stables, Inc. (Hasty Hills) obtained Dorfman, Lynch, Knoebel & Conway, LLP (law firm) to represent them in the purchase of real… Continue Reading

CT: Client Can’t Avoid SOL by Disguising Tort As Breach of Contract

Posted in Connecticut, Statute of Limitations, Torts/Personal Injury
Caffery v. Stillman, 79 Conn. App. 192, 829 A.2d 881 (Conn. App. 2003) CT: Underlying workers’ compensation action Student Contributor: Laura Binski Facts: On April 16, 1992, the client sustained injuries while working in the course of his employment for the city of New Britain. The client hired the lawyer to represent him in his… Continue Reading

N.H. Times Up–Statute of Limitations

Posted in Labor & Employent, New Hampshire, Statute of Limitations
Draper v. Brennan, 142 N.H. 780 (1998) N.H.: Underlying  Employment Litigation Student Contributor: Jason W. Hake Facts: A former client commenced a legal malpractice action against the law firm that had previously represented him against a bank. Although the law firm had facilitated a settlement agreement in the underlying litigation, the former client alleged that… Continue Reading

NY: Termination of Representation, An Issue of Credibility?

Posted in Disengagement, New York, Statute of Limitations
McCann v. Manheimer,  New York Supreme, Nassau County, January 10, 2011. Facts: Plaintiff filed suit for legal malpractice against her former attorneys.  Defendant attorneys moved for summary judgment on the basis that the suit was barred by the applicable statute of limitations because it had been filed more than three years after the termination of… Continue Reading

NJ: Standing, Statute of Limitations and the Relation Back Doctrine

Posted in New Jersey, Statute of Limitations
Siete Urban Associates, LLC v. Pitney, Hardin, Kipp & Szuch, N.J. App. Div., October 25, 2010. Facts: Siete’s claim against its’ predecessor’s (OWPURA) former attorneys allegedly arose from defendants’ representation of OWPURA during the refinancing of a Newark property in or about August 1996.   Although one of the partners of OWPURA had commenced suit against defendants within… Continue Reading