Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Deceptive Trade Practices Act

Texas | Lawyer Fraud | Fiduciary Duty | Professional Negligence

Posted in Texas
Shih v. Tamisiea, 306 S.W.3d. 939 (Tex. App. 2010) TX: Contract law Student contributor: David Yanoff Facts:  Plaintiff invested in a new restaurant by purchasing shares of a company (ABF) that leased retail space for the restaurant. Plaintiff also personally guaranteed the lease payments. The restaurant developers contracted with a third party (Momentum Group) for… Continue Reading

TX: Malpractice Statute of Limitations Tolls While Appeals for Underlying Case Continue

Posted in Litigation, Statute of Limitations, Texas, Torts/Personal Injury
Aduddell v. Parkhill, 821 S.W.2d 158 (Tex. 1991) TX: Underlying asbestosis personal injury clam; statute of limitations Student Contributor: Jean Moss Sullivan* Facts: Plaintiff was diagnosed on April 24, 1983 with asbetosis and retained the defendant lawyers to sue asbestos manufacturers for plaintiff’s injuries. The plaintiff’s statute of limitations for the asbestos injuries expired on… Continue Reading

“Settle and Sue” –Texas Style

Posted in Commercial, Damages, Litigation, Texas
 Douglas v. Delp, 987 S.W.2d 879 (Tex. 1999) TX: Underlying commercial transaction; litigation; bankruptcy Student Contributor: Chelsea Tucker*  Facts:  Billy Delp, his wife Gertrude Delp, and John Harvison were business partners who had formed various companies. Billy believed Harvison was attempting to buy businesses outside of the companies’ core business activities. Billy and Gertrude removed Harvison… Continue Reading

Improper “Fracturing” of Legal Malpractice Claims

Posted in Fiduciary Duty, Texas
 Aiken v. Hancock, 115 S.W.3d 26 (Tex. App.—San Antonio 2003, pet. denied). TX: Underlying civil litigation "catastrophe". Student Contributor: Courtney E. Hamilton* Facts:   Douglas Aiken brought action against his former attorneys Patrick Hancock and Mark Ferguson, and their firm, Deadman and Ferguson, alleging violations of the Deceptive Trade Practices Act (DTPA), breach of fiduciary duty,… Continue Reading