Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: estoppel

NJ Legal Malpractice: LANDMARK LAW: Lawyer Liability for Client Crimes: “My Lawyer Made Me Do It!”

Posted in New Jersey
Winstock v. Galasso, ___ N.J. Super. ___ (App. Div. 2013) (Decided May 6, 2013) NJ: Underlying Criminal Plea due to bad legal advice FACTS: This is an appeal from a dismissal by way of summary judgment of plaintiffs’ legal malpractice claim against their former attorney. Plaintiffs sue defendant lawyer for incorrect legal advice which resulted… Continue Reading

CA: No Judicial Estoppel Without Court’s Reliance on Prior Representation

Posted in California, Intellectual Property
E-Pass Technologies, Inc. v. Moses & Singer, LLP, 189 Cal. App. 4th 1140 (2010), review denied (Feb. 23, 2011) CA: Judicial Estoppel Student Contributor: Mordechai Buls Facts: Plaintiff sued Defendant for malpractice after having lost a number of patent-infringement lawsuits in which it was subject to substantial attorney-fee awards. Plaintiff initially filed its malpractice suit in… 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

NJ: Affidavit of Merit Statute and Lateness

Posted in Affidavit/Certificate of Merit, New Jersey
Stoecker v. Echevarria, 975 A. 2d 975 – NJ: Appellate Div. 2009 Student Contributor: Christine Maharaj NJ: Underlying Real Estate Transaction Facts: Plaintiff brought malpractice claim against defendant (attorney) but served affidavit of merit more than 120 days after defendant’s amended answer. The trial court dismissed plaintiff’s claim for failure to comply with the affidavit… Continue Reading

OR: Inconsistent Judgments Bar Issue Preclusion

Posted in Oregon
Johnson v. Babcock, Court of Appels of Oregon, November 10, 2010 (Unpublished).  Facts:  After being sentenced to 30 years in prison, Dwayne Johnson filed a post-conviction appeal in which he was represented by Attorney Babcock.  The Appellate Division remanded the case for a resentencing hearing.  The trial court again found Johnson to be a dangerous… Continue Reading

ME: Effect of Factual Determinations by Fee Arb Panel

Posted in Attorneys Fees, Expert Witnesses, Maine
Perry v. Emerson, Supreme Judicial Court of Maine, October 26, 2010.  Facts:  Emerson initiated a fee arbitration proceeding against her former attorneys, alleging that she never agreed to be responsible for the legal fees incurred in her divorce action and she was led to believe her husband would be responsible for the fees. The arbitration panel… Continue Reading

CO: Issue Preclusion in Legal Malpractice

Posted in Colorado
Stanton v. Schultz, 222 P.3d 303 (CO Jan. 11, 2010).  Facts:  Schultz brought a post-conviction motion for a new trial based on newly discovered evidence in a federal criminal prosecution.  In that motion, he argued that his attorneys failed to call an essential witness, Pedro Castillo, whose testimony would have led to Schultz’s acquittal.   The… 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

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