Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Ohio

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WV: Must have “joint venture” in order for local counsel to be vicariously liable

Posted in Ohio, Vicarious Liability, West Virginia
Armor v. Lantz, 207 W. Va. 672 (2000) WV: Torts – Products Liability Student Contributor: Rachel Vincent Facts: Clients brought legal malpractice action against attorney who acted as local counsel in products liability litigation. Plaintiffs were involved in a car accident in West Virginia on June 3, 1991. In 1993 plaintiffs filed action against Michelin… Continue Reading

OH: Promises Don’t Lead to Privity

Posted in Ohio, Privity
Kathy Lynn Darrow v. Steven E. Zigan, Esq., et al., 2009 Ohio 2205  Student Contributor: Shiv Vydyula Facts: Plaintiff contends that she was a third party beneficiary in the underlying divorce action, and therefore, in privity with the defendant attorney. By way of explanation, she provided that the attorney for her ex-husband told her he… Continue Reading

OH: Disclosure of Malpractice Policy Required

Posted in Insurance, Ohio
Berry et al. v. Javitch, Block & Rathbone, L.L.P., 182 Ohio App.3d 795 (2009). Student Contributor: Shiv Vydyula Facts: The Berrys commenced suit for negligent concealment and alleged that defendants committed fraud when they failed to disclose that they were insured for malpractice by Clarendon National Insurance Co. Defendant(s) only disclosed a policy from Legion… Continue Reading

OH: Tick Tock: The Importance of Recognizing Cognizable Events Before Filing Your Malpractice Claim

Posted in Criminal Law, Ohio, Statute of Limitations
Tolliver v. McDonnell, 155 Ohio App.3d 10 (2003). OH: Underlying criminal defense; ineffective assistance of counsel. Student Contributor: Shiv Vydyula Facts: Because appellant Tolliver was indigent, the court overseeing his indictment for conspiracy and for murder appointed McDonnell as his attorney. A jury acquitted Tolliver of murder but found him guilty of conspiracy to commit… Continue Reading

OH: Failure to Name Individual Attorney Results in Dismissal of Malpractice Action

Posted in Ohio, Privity
Bohan v. Jackson, Court of Appeals of Ohio, July 22, 2010.  Facts:  Shortly prior to his death, Bohan’s father indicated his desire to his attorney, Kennedy, to amend a revocable trust to make Bohan the sole beneficiary.  The father executed a handwritten statement, in Kennedy’s presence, directing his firm to amend the trust agreement accordingly.  The… Continue Reading

Malpractice Action Preempted by ERISA?

Posted in Federal, Ohio
Taylor v. UAW-GM Legal Services Plan, et al., United States District Court, N.D. Ohio, August 13, 2010. Facts: Plaintiff, a participant in the UAW-GM Legal Services Plan, filed the instant action for legal malpractice, breach of contract, and quantum meruit against the Plan after requesting and, allegedly, receiving negligent legal services from a Plan attorney. In bringing the three… Continue Reading

Ohio on Vicarious Liability of the Law Firm

Posted in Ohio, Vicarious Liability
Natl. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth, 122 Ohio St.3d 594, 2009-Ohio-3601 Underlying Action: Insurance (Ohio) Student Contributor: Candice L. Deaner Facts: The plaintiff retained a law firm’s partner, Wuerth, to defend them against a lawsuit. During the trial, Wuerth informed partners and the trial judge that he was sick and subsequently was… Continue Reading