Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: tolling

CA: Statute of Limitations tolled until client discovers or should discover cause of action for attorney malpractice

Posted in California, Discovery Rule
Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 6 Cal. 3d 176, 491 P.2d 421 (1971) CA: Tort Law Student Contributor: Louis Dell Facts: Plaintiffs hired an attorney to represent their wrongful death action against San Bernardino County. The attorney, without informing the plaintiffs, associated as counsel another law firm. Neither the original or new… Continue Reading

MI: Attorney’s Attempts to Help Former Client Do Not Reset Statute of Limitations Clock That Started Ticking When the Representation Ended

Posted in Michigan
Bauer v Ferriby & Houston, P.C., 235 Mich App 536, 599 NW2d 493 (Mich Ct App 1999) MI: Labor law; workers compensation settlement; Social Security disability Student Contributor: Tolu Akinsanya Facts: Defendant represented the plaintiff in an underlying worker’s compensation case. The defendant settled the worker’s compensation claim for $85,000, and an order to that… Continue Reading

TX: Claim must depend on outcome of case to toll during appeal

Posted in Texas
Pollard v. Hanschen, 315 S.W.3d 636 (Tex. App. 2010) TX: Family Law Student contributor: David Yanoff Facts:  Defendant represented plaintiff in a divorce action. After a fee dispute, defendant withdrew as counsel in August 2000. The case was set for trial in September 2000. Plaintiff hired a new attorney, who negotiated an accord and satisfaction… Continue Reading

NY: Continuous Representation Tolls Statute of Limitations Against Predecessor Law Firm

Posted in Intellectual Property, Litigation, New York, Statute of Limitations
New Kayak Pool Corp, v. Kavinoky Cook LLP, 74 A.D.3d 1852, 902 N.Y.S.2d 497 (App.Div 4th Dpt. 2010) NY: Underlying Trademark Infringement Student Contributor: Richard Sadowski Facts: Plaintiff brought action for legal malpractice alleging that the defendant failed to ascertain the existence of insurance coverage in the plaintiff’s underlying trademark infringement action. The attorney, then… Continue Reading

CA: Statute of Limitations for Legal Malpractice Tolled in Attorney’s Absence

Posted in California, Statute of Limitations
Jocer Enterprises, Inc. v. Ernest Price at al., Court of Appeals of California, Second District, Division Four, 183 Cal. App. 4th 559 (April 5, 2010). Facts:  Allegedly, the defendant attorney provided negligent legal representation in trade secret and malicious prosecution actions and plaintiffs suffered damages as a result.  The defendant attorney was absent from California… 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

A New Trial Begins When Another Trial Ends

Posted in Conflicts of Interest, Statute of Limitations, Texas
Sanchez v. Hastings, 898 S.W.2d 287 (Tex. 1995). TX: Underlying personal injury and wrongful death action; conflicts of interest; statute of limitations Student Contributor: Rudolfo Santos, Jr.* FACTS:   On June 8, 1984, Carlos Sanchez, husband of Graciela Sanchez, was killed on the job, when a portable crane mounted on his employer’s, Cedar Creek Fabrications, Inc., truck… Continue Reading

NY: Tolling the Statute of Limitations for Legal Malpractice Actions

Posted in New York, Statute of Limitations, Wills Trusts & Estates
Leffler v. Mills, 285 A.D.2d 774 (3 Dept. 2001) Underlying NY Probate Action Student Contributor: Marina Kritikos Facts: Plaintiffs were beneficiaries of a will. They had hired the defendant attorney to probate the will. As part of his duties, the attorney paid state estate taxes due by the beneficiaries, but failed to timely pay the… Continue Reading