This is an otherwise unremarkable story about an attorney who made a mistake. Mistakes happen all the time, and when a client is hurt by the mistake, the attorney is guilty of legal malpractice. Reasonable and competent attorneys make mistakes, and have insurance to cover their mistakes. This attorney was so unreasonable and obsessed, he
Blog Articles
Stoneridge, The US Supreme Court, and Legal Malpractice
Front page of the Wall Street Journal is all about the US Supreme Court Stoneridge case. Asode fr, what it will mean for the securities industry, the WSJ believes this to be the largest potential widening of liability for lawyers.
Keep watching this case for its legal malpractice or lawyer liability issues.
"The Supreme Court…
Can a [Potential] Federal Judge Commit Legal Malpractice?
Here is an interesting report on a trial loss, potential legal malpractice at the trial level, and then a really big mistake on appeal. The last mistake is said to have been committed by a newly nominated Federal Judge Duncan Getchell, Jr.
"Two years ago, someone made a huge mistake at the Virginia Supreme Court…
Defamation, Bad Faith and Legal Malpractice
Here is a report from Law.Com on an appellate reversal after a trial on a bad faith and legal malpractice case. Plaintiff said that the insurance company should have offered to settle the case within policy limits, and that its defense attorneys committed malpractice. The jury agreed, while the judge did not. Now the appellate court…
Failure to Take Administrative Appeal and Legal Malpractice
Here is a case from the 2d Department in which plaintiff was represented by defendant attorneys in an EEOC suit. She lost at the administative lefel, and her legal malpractice suit alleged that defendants did not appeal from that original dismissal, committing malpractice. Their motion for summary judgment failed.Lamanna v Pearson & Shapiro ,2007…
Strip Searches at McDonalds and Legal Malpractice
Plaintiff’s case ended with a verdict. Now, the attorneys are battling over the legal fees generated. This McDonald’s Strip Search case reported in the Kentucky Law Review blog ended in a plaintiff’s verdict. Now the aftermath
"The battle over money in the McDonald’s strip-search case didn’t end with yesterday’s verdict.
Louise Ogborn’s original lawyers, whom…
Estate Planning Legal Malpractice in NJ
Here is a case which, on the one hand point up how disfunctional families can become, while on the other hand, point out how intertwined and difficult estate planning with mutual trusts and wills are. From a reading of this case, we think the family really did not like one of the sons, and the…
Mutually Exclusive Positions in a Legal Malpractice Case
This is a NJ case of legal malpractice, but it touches on "judicial estoppel" "mutually exclusive positions" the difference between "successive and alternative tortfeasors" and what is in New York called the "effectively compelled" rule. In New York a legal malpractice plaintiff must prove that a settlement was…
Virginia, West Virginia and a $50 Million Legal Malpractice Case
Two things cought our eye in this blog blurb from the West Virginia Business Litigation Blog. The first is that one can watch a webcast of appellate proceedings in W.Va. and the second is that this legal malpractice case is about a petition for appeal [similar to a cert request??] which is alleged to have…
Legal Malpractice in a Land Deal
Caveat: We can’t figure out this land deal from the News report. Here it is:
"Developers behind the failed Pendleton Station project are firing back in court documents against allegations that they misused loan money.
Benjamin Daniel Sr., Benjamin Daniel Jr., Elizabeth Daniel and Thomas Daniel, the family members who ran Pendleton Station LLC, Coastal…