We originally reported this case on  9/28.  Here is a well written decision concerning Akin Gump in which some causes of action are dismissed.  Tott, Contract, Fraud, Fiduciaries…how do all of these different theories of liablitiy interact?  Read on:

The Case:

"Defendant’s motion, pursuant to CPLR 3211 (a) (7), to dismiss plaintiffs’ second, fifth…

Here is an appellate decision in the DuPont environmental and cancer case.  There is no mention of legal malpractice here.  Note however, the precluded experts, the precluded documents, and how the dissent paints the majority as corporate lackeys.

The case:"Glen Strong (Strong) and his wife, Connie, collectively "the Strongs," were among thirty-seven plaintiffs who…

As any first year law student can tell you, pleadings are required simply to put the other side on notice of the general proposal of the complaint:  You injured me in tort, by doing "x".  One simply puts the other side on notice, and if they are interested [as they always are], then they ask…

From NY Lawyer we get this report:

"Pillsbury Winthrop Shaw Pittman partners Paul Tummonds Jr. and Patrick Potter are the targets of a $50 million malpractice complaint filed by former client Capitol Hill Group.

According to the complaint filed on September 7 in D.C. Superior Court, the plaintiff owned property at 700 Constitution Ave. N.E.…

Blogs and trials have been a recent confluence.  Dr. Flee, who blogged his own trial was one [well reported by the New York Personal Injury blog of Eric Turkowitz.

Now, jurors are coming into the mix.  Law.com editor and blogger Robert J. Ambrogi suggests that the failure to root out and research these bloggers could…

Wisconsin legal malpractice insurers have published a breakdown of legal malpractice claims.  Here, reported by Bonnie Shucha in the University of Wisconsin blog, are the most commonly sued for mistakes:

Calendaring – 23%

Failure to know or properly apply law – 14%

Planning error in choice of procedures – 13%

Inadequate discovery & investigation…

Tort and Contract are alternative explanations of differing duties.  In tort, the duty arises simply from the agreement to perform, and then failing to heed the standard of care, with damages.  In contract, the dury arises from an agreement to perform certain specific tasks.  As an example, the agreement to prosecute an appeal.  when that…

This [and the last?] century seem to be overwhelmingly linked with social changes and legal process.  Law suits have proliferated, there are more lawyers then ever, social change may happen more because of a docket than any other reason.  Here is an example:  the lemon law.  Previously caveat emptor, this simple social protective device…