Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Standing

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

NJ Statute of Limitations: When Does it Begin to Run?

Posted in New Jersey, Statute of Limitations, Wills Trusts & Estates
Pasqua v. Masone, N.J. App. Div., August 19, 2010 (Unpublished). Facts:  Plaintiff, the administrator of his mother’s estate, appeals from the dismissal of the estate’s complaint against the defendant attorney.  In May, 1992 Plaintiff’s mother had suffered traumatic injuries which left her with severely diminished cognitive functions.  Thereafter, Plaintiff’s brother hired an attorney who prepared… Continue Reading

Underlying Bankruptcy and Standing to Sue

Posted in New York
Wright v. Meyers & Spencer, LLP, 849 N.Y.S.2d 274 (N.Y. App. Div. 2d Dep’t 2007) NY Underlying Bankruptcy Action Student Contributor: Melissa Goldberg Facts: This is an action for legal malpractice arising out of Defendants’ representation of Plaintiff in a bankruptcy proceeding. Plaintiff alleges in the verified complaint that he made a transfer to his… Continue Reading

Standing to Assert Legal Malpractice: The Wagoner Rule, Adverse Interest Exception, and Sole Actor Rule

Posted in Corporate Law, Federal, New York
Cobalt Multifamily Investors I, LLC v. Shapiro, 2009 WL 2058530 (S.D.N.Y. July 15, 2009) Facts:  Receiver for the defunct Cobalt Multifamily Investors I, LLC entities (“Cobalt”) filed suit against three sets of attorneys and their law firms for malpractice, looting, aiding and abetting conversion, conversion, unjust enrichment, breach of fiduciary duty, and breach of contract.   The… Continue Reading