.KAPLAN V. PUCKETT (2006-SC-18-DG)
Here is a legal malpractice case from Kentucky, with briefs.
"Legal malpractice. Puckett was found guilty of arson-related murder. Puckett was acquitted at new trial granted because prosecution witness had withheld exculpatory evidence at first trial. Puckett subsequently prevailed in legal malpractice action against original defense counsel. The issue is…
This attorney prosecuted class actions for big settlements. Now his millions in fees is in jepordy, based on the allocation of expenses between the groups of clients. The Story.
"Three former clients of trial lawyer John O’Quinn could be receiving millions of dollars back after an arbitration panel ruled the prominent Houston attorney improperly deducted…
Baker Donnelson reports that the US Supreme Court has issued a ruling in Bell Atlantic Corp. v. Twombly an anti-trust case which may revolutionize pleading in all civil cases.
"In an antitrust case decided on May 21, 2007, the United States Supreme Court abandoned a fifty-year-old liberal pleading rule in favor of a significantly tougher…
A sometimes defense in legal malpractice is "preemption." The defense would be that regular rules of legal malpractice do not apply because a federal or state law has so occupied the field, that its rules take over.
Here is a short blurb about ERISA not preempting the field for a legal malpractice case.
Here is a blog blurb from an Indiana Case:
"In Norman R. Carlson, Jr., et al v. Sweeney, Dabagia, Donoghue, Thorne, James & Pagos, et al, a 28-page opinion dealing with questions of alleged attorney malpractice in will drafting, Judge Robb writes:
Norman R. Carlson, Jr., individually, and as executor of the estates of…
AVVO a new lawyer search web site is up and running. "a online legal services startup led by Expedia veteran Mark Britton, is unveiling its website after more than a year of development.
Avvo.com allows consumers to search for lawyers by name, practice area, or location and get ratings and profiles for them. The website…
Yes, it is still good in Legal Malpractice, and Yes it is still good in Medical Malpractice, but the Court of Appeals took a big, big step yesterday, and ruled that it was not applicable to accountants filing yearly tax returns, or yearly accountings. PriceWaterhouse won the case, and Judge Theodore Jones wrote the decision.…
Missing Documents can be a lawyer’s nightmare. Here is a follow up on the Qualcom story from American lawyer:
"A week after the public learned of Qualcomm Inc.’s bombshell admission that it withheld potentially thousands of important documents in a high-stakes patent trial against Broadcom Corp., many in the intellectual property community are still buzzing…
Ross Todd at the American Lawyerwrites:
"San Diego City Attorney Michael Aguirre, who has already led the city’s charge to sue two Am Law 100 firms, has a third in his sights. In an April report, Aguirre recommended that the city take legal action against Willkie Farr & Gallagher because of what Aguirre…
Bad faith litigation is usually a situation where the case could be settled within the policy limits, but that chance is lost and the verdict exceeds the policy limits. Here is the inverse. The carrier settles a case within the policy limits but the insured [in this case a doctor] did not want to settle…
