1. Hartman v Morganstern, 2004-10505, (Index No. 7337/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, 2006 NY Slip Op 2497; April 4, 2006, Decided, This legal malpractice action was dismssed on documentary evidence. One cause of action came from a criminal conviction, but defendants showed that the Federal judge would have sentenced
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$89 Million Legal Malpractice Class Action Settlement Approved
The Second Circuit approved a huge class action settlement in a legal malpractice case against Jenkins & Gilchrist. Details. Imagine! Paying $ 89 million, and Jenkins calls it “home run.”. The settlement arose in the case of Thomas Denney, et al. v. Deutsche Bank AG, et al.
Illinois Legal Malpractice Punitive Damage decision
Here is a report from the Chicago Daily Law Bulletin on the web on an Illinois Appellate Decision [subscription required] and punitive damages. Short details here.
Private Report of Conn – NY Legal Malpractice Case
Here is a private report of a New York – Connecticut attorney legal malpractice case involving an immigration attorney. Details.
Last word on Maryland Legal Malpractice Immunity
In the last word on Maryland Legal Malpractice Immunity, the Baltimore Sun reports that the legislature has given up on its new bill.
Legal Malpractice Problem: How to disengage
The NYLJ reports a case where the attorney wants to withdraw. Withdrawing is always a potential legal malpractice problem. Read about this particular case.
Continue Reading Legal Malpractice Problem: How to disengage
Appellate Tort Digest Reports:
LEGAL MALPRACTICE – Settlement of Underlying Action – To establish a prima facie case for legal malpractice, plaintiff must prove the four elements of defendant’s failure to use that degree of care, skill and diligence commonly used by a member of the legal community, proximate cause, damages, and that plaintiff would have been successful in…
Appellate Tort Digest reports:
LEGAL MALPRACTICE – Damages – Proximate Cause – Anticipated Events – Speculative – An attorney’s failure to file an injunction against plaintiff’s competitor is too speculative to be deemed the proximate cause of plaintiff’s damages in a legal malpractice action. Moreover, speculation on future events, including anticipated court rulings, does not establish that but for…
Legal Malpractice case over not paying taxes
Only in Palm Beach. Plaintiff was making big bucks. Plaintiff was living in a country club. Plaintiff was not paying his US taxes, and the government eventually came after him. His belief? The company was and should have been paying his taxes. He’s lost it all, and is now suing the company and the attorneys.…
Legal Malpractice Nutcracker Case shatters Nexsen Pruet in South Carolina
http://www.thestate.comThe State.com reports that in South Carolina, the law firm of Nexsen Pruet has lost the “largest legal malpractice” award after trial in South Carolina history. The case arose after plaintiff paid defendant $ 15,000 to advise him how to leave his employer and start a new pecan nutcracker company with a patented machine.…