This Nebraska Appellate Decision is interesting for several reasons. One is that the legal malpractice case is dismissed on a UCC analysis, the second is that the practice of testimony on habits and “usual” conduct is explained, and the third is that there is a discussion of “mitigation” of damages.
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Arbitration Clauses in Legal Malpractice
Is an arbitration clause in a retainer agreement enforceable? An article in today’s NYLJ by David L. Eisberg, a partner at Quinn Emanuel suggests that arbitration clauses may not be enforceable by law firms against their clients. He cites Larrison v. Scarola Reavis & Parent LLP to show that there is a strong public…
Leonard Cohen and Legal Malpractice
Leonard Cohen, singer of his poems, and famous for “Suzanne takes you down”, has won a $5 Million verdict against his former manager for “draining” his accounts, and settled what must be a legal malpractice action against his attorney, Richard Westin.Mr. Westin appears to be a professor of law at University of Kentucky Details
Hedge Fund and Legal Malpractice
IUD, Arbitration and Legal Malpractice
Reported today in the NYLJ, the case of Rubens v. Mason was set forth, with citations on 2/20/6, here. The case, in “Decisions of Interest” covered a situation in which defendant attorneys took over a very complex Dalkon Shield case late in the day, weeks before an arbitration. The claim was over 25…
Lakin Law Firm and Legal Malpractice
Although it is a small law firm in Woods River Illinois, the Lakin Law Firm has made news in the St. Claire Record more than once. It’s rare that one law firm makes this blog on multiple listings. Last time it was the “Cow jumped over the moon” This time it’s a more mundane blown…
Legal Malpractice Cases 2/20/06 – 2/26/06
1. Amodeo v. Gellert & Quartararo, P.C., 98541 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT , 2006 NY Slip Op 1343;
Legal malpractice complaint dismissed after because of delay in serving it after demand. Court found that an affidavit of merits required, and that plaintiff could not under any circumstances show merit.…
Public TV benefits from Legal Malpractice
A death, a bequest, a beneficiary and Public TV benefits. Here are the details.
Maryland Immunity and the Legislature in Legal Malpractice
Last week we reported on a Maryland decision which said that guardian ad litem attorneys did not have immunity.[Details] The Maryland legislature is responding to that decision. Read about it.
Legal Malpractice and Conflict of Interest in Mass
Here is a story of a big law firm which represented both the bank and the borrower in a mid-level commerical setting. Defendant law firm says that everyone in the deal knew; borrower says a personal guaranty was slipped in a huge real estate closing package in a single line or two within the papers.…