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 the attorney’s malpractice, plaintiff would not have sustained any injury. Speculation on future events does not establish that but for the attorney’s malpractice, plaintiff would not have sustained any injury.
Brooks v. Lewin; First Dept.
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. Fact or fiction?
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. Plaintiff now has a verdict of $ 5.5 million. Details.
Largest Bad Faith Insurance Verdict comes in a Legal Malpractice case
Shannon Duffy writes in the NYJL that the largest insurance bad faith verdict in Pennsylvania arose from a botched defense of two doctors in a medical malpractice case. The insurer intentionally assigned one attorney to both doctors, even when their “best defense’ was to blaim the other.
Doctors could have settled within their $2.5 million policy, but did not. Now they share a $ 7.9 million verdict which includes $ 6.25 million in punitive damages, upheld on appeal. Details.
One Star, Bankrutpcy and Legal Malpractice
In Indiana, One Star was a telecom giant. Now in bankruptcy, the trustee has filed a giant complaint against many insiders, alleging legal malpractice amoungst other causes of action. Details.
Fendi Weil Gotshal Legal Malpractice case in May
New Mexico Attorneys well Insured
A New Mexico Business Weekly report tells us that 80% of New Mexico attorneys carry legal malpractice insurance. Details.
New Legal Malpractice Cases
Seattle Newspaper unearths more Cases
Here is more fallout from the “secret files” series in the Seattle Times series. We’ve been reporting on this series.
Think Piece on Legal Malpractice and Class Actions
Here’s a think piece on the Maine trial, which discusses class actions and the expectations of clients.