Removal of a case from state court to federal district court requires subject matter jurisdiction in Fed.Ct. That might be diversity jurisdiction, or federal question jurisdiction. Here is a blog article on a 7th Circuit case about removal and federal question. Details.
Transfer of Legal Malpractice Rights
Hinshaw & Culbertson LLP reports this case: Prior Attorney-Client Relationship Does Not Transfer in a Sale of Assets
Greene’s Pressure Treating & Rentals, Inc. v. Fulbright & Jaworski, L.L.P., 178 S.W.3d 40 (Tex. App. 2005)
The Texas Court of Appeals held that a company that had purchased the assets, but not the stock, of a law firm’s former client could not sue the law firm for legal malpractice arising from work performed for the former client/former owner of the assets. Details.
Mohegan Sun, Racetracks, and Legal Malpractice
Mohegan Sun is involved in a legal malpractice case arising from a race track transaction. The legal malpractice case involves present judges who as attorneys were involved. Details.
Attorney Fee Litigation and Trial de Novo
Attorney fee litigation and legal malpractice are intertwined. An award of a legal fee implicitly determines that there was no malpractice, and can be used as a res judicata or collateral estoppel issue. Here is a case from the NYLJ on procedual aspects of a trial de novo after an attorney fee arbitration.
Patent Law, Uncertainty and Legal Malpractice
Patent law is one of the few permitted “specialities”, and well beyond the ken of most practicing attorneys. Here is an interesting article on just how uncertain patent litigation is, and how it is related to legal malpractice.
Anna Nicole Smith and Legal Malpractice
Who would have thought that the US Supreme Court would have come up in a search of former playboy bunnies/topless dancers. Now, legal malpractice too comes up in the search. The Hoops and Other blog makes this argument: but for legal malpractice in bringing an action against Smith in Bankruptcy court, there would have been no Supreme Court decision, and the son would be spending all his father’s money now. Hoops calls it legal malpractice. Details.
Law office Subsidiaries and Legal Malpractice
The NYLJ and Law Com are both running a story on NJ permission to form law office subsidiaries. The lure is spinning off a new smaller law firm to handle a niche area, and then the ability to get rid of it later. At the very bottom is the unanswered question: will the subsidiarie’s malpractice redound to the supersidiary? Details
Contingency Fee Bill passes committee In NY
Read about the big changes sought in contingency fee medical malpractice and wrongful death cases, which was voted out of committee and goes to the Assembly in New York State. Details
Winston & Strawn wins Legal Malpractice Case
Even stripped of its defenses [see the earlier report] Winston & Strawn gains dismissal of the suit. The Appellate Division reversed Supreme Court, and dismissed. The Appellate Division found the allegations “conclusory” and that self-ineterest or conflict of interest had not been shown. Here, the Town was a “sophisticated client.”
Copmputer Associates Legal Malpractice Case
We reported on this yesterday, but here is a further blog blurb from the NYLJ on this legal malpractice case. Continue Reading Copmputer Associates Legal Malpractice Case