Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Labor & Employent

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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

CT: Collateral Estoppel Rule May Insulate Lawyers from Malpractice Claims

Posted in Connecticut, Labor & Employent
Alexandru v. Strong, 81 Conn. App. 68 (2004) CT: Underlying sex discrimination matter Student Contributor: Nicholas Scot Kingsbury Facts: The client hired an attorney to represent her in a sex discrimination suit against client’s former employer. The attorney filed the following claims against the employer on behalf of the client: breach of the implied covenant… Continue Reading

OK: Lawyer Judgment Call on an Unsettled Point of Law=No Liability

Posted in Labor & Employent, Oklahoma
Allred v. Rabon, 572 P.2d 979 (1977) OK.: Underlying employment action Student Contributor: Manju Sunny Facts: Client is seeking damages from two attorneys for legal malpractice. The underlying action was the recovery of damages for the breach of an employment contract. Because of the death of the defendant in the underlying case, attorneys brought suit… Continue Reading

7th Cir. No harm, no malpractice, even if the underlying settlement is “coerced”.

Posted in Damages, Defenses, Federal, Labor & Employent, Litigation, Torts/Personal Injury, Wisconsin
McKnight 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

AL: Legal Malpractice in a Legal Malpractice Action?

Posted in Alabama, Case Within a Case, Labor & Employent, Proximate Cause
Dennis v. Northcutt, 923 So.2d 275 (2005). AL: #1 Underlying employment discrimination action; #2 underlying legal malpractice action regarding #1. Student Contributor: Farah Shahidpour Facts: Client retained Attorney #1 to represent him in an employment discrimination action in federal district court, however, that action was dismissed. Client subsequently retained Attorney #2 to pursue a legal… Continue Reading

NJ: Malpractice Court can Dismiss on Grounds Not Dismissed by Underlying Court

Posted in Case Within a Case, Labor & Employent, New Jersey, Proximate Cause
Beese-Munoz v. Barbone, Esq., N.J. App. Div.  (per curiam) Decided May 20, 2011). NJ Underlying Work Place Discrimination Claim Facts: In this legal malpractice case, plaintiff appeals from the order granting defendant’s summary judgment motion and dismissing her case. Plaintiff retained defendant to pursue her discrimination claims against the Lakehurst Naval Station and others. Her… Continue Reading

IL: “But For” Refers to the Merit of the Underlying Case, Not the Speculation of Settlement

Posted in Illinois, Labor & Employent
Beatty v. Wood, 204 F. 3d 713 (7th Cir. 2000) Underlying claim: Age discrimination case Student Contributor: Clem Durham Facts: Plaintiff, Robert Beatty, was employed with the FAA, Department of Transportation from 1962 until his retirement in September 1996. He was an Air Traffic Manager of Willow Run Tower at Detroit Metro from 1987 to… 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

FL: Privity, a Continuing Relationship?

Posted in Florida, Labor & Employent, Privity
Elkind v. Bennett, 958 So.2d 1088 (2007). FL: Underlying labor dispute Student Contributor: Farah Shahidpour Facts: Client hired Attorney to represent himself, his business venture, and his business partner in a labor dispute brought against the business. The suit was one for harassment. The matters were settled, and Attorney signed the settlement on behalf of… Continue Reading

PA: Negligence, She Wrote…(but couldn’t prove)

Posted in Case Within a Case, Labor & Employent, Pennsylvania, Proximate Cause
Brock v. Owens, 532 A2d 1168 ( PA. 1987). PA: Underlying employment discrimination case Student Contributor: Laura Binski Facts: Brock (client) was a professor at Lincoln University. She believed she was the victim of race and gender discrimination, so she hired a lawyer. She first hired Kalemjian, but he withdrew from the case. Next, the… Continue Reading

GA: Underlying Employment Discrimination: Case Within a Case

Posted in Case Within a Case, Georgia, Labor & Employent
Walker v. Burnett,  241 Ga. App. 105,526 S.E.2d 109 (1999) Underlying Action: Discrimination Action (Georgia) Student Contributor: Candice L. Deaner Facts:  Legal malpractice action against attorney who represented Plaintiff in federal employment discrimination action, in which summary judgment was entered in favor of Plaintiff’s employer. The Superior Court, granted summary judgment for Defendant attorney. Client appealed.… Continue Reading