Wiley Rein reports on a case in the Ninth Circuit, arising in Arizona concerning prior acts exclusions in legal malpractice coverage:
"The United States Court of Appeals for the Ninth Circuit, applying Arizona law, has reversed a district court’s entry of summary judgment in favor of a professional liability insurer whose policyholder failed to list…
In re MICHAEL ROY BRESSLER, Defendant. WILLIAM FORREST and SHAWN STEIBEL, Plaintiffs, v. MICHAEL ROY BRESSLER, Defendant. STEVEN STRUM, Plaintiff, v. MICHAEL ROY BRESSLER
Here is a long SDNY Bankruptcy case discussing a series of legal malpractice proceedings, malicious behavior and non-discharageablity.
"Strum objects to granting Bressler a discharge under section…
In this pro-se v. pro-sen legal malpractice case between a pro-se plaintiff from Queens and a pro-se defendant from New Jersey, we see a discussion of the correct way to challenge venue. Kuzmin v. Nevsky, brought in New York County is moved to Queens:
"The plaintiff commenced this action in the Supreme Court…
Here is a "brief chambers opinion" from Judge Newman: Bennett, petitioner v. Mukasey, respondent ,U.S. COURT OF APPEALS, SECOND CIRCUIT. As you may guess, it was not Mukasey whose legal work was left unfinished. Bennett’s attorney filed a petition, and then when the legal fees went unpaid, allowed it to be dismissed. Only a…
Here is an Indiana Case in which the concept of equitable subrogation is attempted in a legal malpractice case. Here, insurer seeking equitable subrogation loses. In Queerey & Harrow LTD v. Transcontinental Ins. Co. two hurdles face the insurer: privity and policy. Attorney represents insured, and not carrier, much less the more distant excess carrier. …
Attorneys for insurance carriers are rarely the subject of a legal malpractice case…it is much more often plaintiff’s attorney. The Poppe law firm blog reports this case of a car insurance defense attorney who goes to trial on the underlying auto accident without ever meeting with the client, and to make matters worse, admits liability…
In New York legal malpractice litigation, the defendant attorney may not ask for a set off in the amount of the hypothetical contingent fee. That is, defendant attorney is sued for losing a personal injury action argues that the damages must be reduced by one-third, the amount plaintiff would have had to pay to an attorney…
Plaintiff was driving a truckfull of marijuana when he was stopped and arrested. He says in the legal malpractice complaint that he spent less than an hour with his attorney prior to pleading guilty. He believes that this was legal malpractice, and the criminal trial [appellate ?] court agreed with him to a certain extent. …
Some law firms are sued for malpractice, and some sued twice or thrice. Here is a story from the Poppe Law firm blog about an Augusta law firm that has been sued so many times, its first carrier refused to renew the policy of legal malpractice insurance, and the second carrier won’t settle a current…
The recently decided DeLuca v. Goldberger provides several interesting lessons in legal malpractice. The first is that attorneys who take on cases and then tell the client shortly before the statute of limitations runs, or shortly before a case must be restored, or shortly before some other deadline fact a legal malpractice problem. Here plaintiff…
