NJ: The Obligatory Defense of Legal Malpractice to Claims for Nonpayment of...
Glass v. Suburban Restoration Co., Inc., 317 N.J. Super. 574, 722 A.2d 944 (App. Div. 1998). NJ Underlying Attorney’s Fee Dispute Student Contributor: Michelle Guardado Facts: Plaintiff attorney...
View ArticleNY: Continuous Representation Tolls Statute of Limitations Against...
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...
View ArticleNY: Double Header: Case within a case, Within a Case…Plaintiff’s verdict Upheld
Christ v Law Offs. of William F. Levine & Michael B. Grossman, 72 A.D.3d 721 (2d Dep’t 2010) NY: Underlying legal malpractice suit Student contributor: Zahava Schwartz Facts: The underlying case...
View ArticleFL: Beware Before Firing Your Lawyer
Dadic v. Schneider, 722 So.2d 921 (Fla. App. 1998) Fla. App: Underlying Foreclosure Student Contributor: Ross Eisenberg Facts: Plaintiffs filed a complaint against their lawyer alleging one count of...
View ArticleCT: Risky to Bring Legal Malpractice Claim Without an Expert Witness
Moore v. Crone, 114 Conn.App. 443, 970 A.2d 757 (2009) CT: Underlying criminal defense matter Student Contributor: Nicholas Scot Kingsbury Facts: Client sued his former attorney claiming negligence and...
View ArticleCA:SLAPP: In House Lawyer Liability to Employer
Fremont Reorganizing Corp. v. Faigin, 198 Cal. App. 4th 1153 (2011) CA: Attorney client relationship Student Contributor: Mordechai Buls Facts: Plaintiff, a former in-house attorney, sued Defendant for...
View ArticleCA: Sometimes, You Take What You Can Get
Robins v. Kuhn, 2011 WL 2001852 (Ca. App. 2011) CA: Fiduciary Duty Student Contributor: Mordechai Buls Facts: Plaintiff and his two brothers sued a theater owner for wrongful death relating to their...
View ArticleNY: Continuous representation may trump three-year 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...
View ArticleNJ: Case of First Impression: “Litigation Privilege” Does Not Protect...
Buchanan v. Leonard 428 N.J. Super 277 (App. Div. 2012) NJ: Underlying Matter: Bankruptcy. Designated defense counsel sued for malpractice for reporting to carrier that client committed bankruptcy...
View ArticleNJ: Legal Malpractice: Exception to the Entire Controversy Doctrine
Donohue v. Kuhn, 696 A.2d 664 (N.J. 1997) NJ Underlying case: tort/personal injury/wrongful death Student Contributor: John Anzalone Facts: Plaintiffs retained Defendant attorney to represent them in...
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