Here , in AccuWeb, Inc., Raymond Buisker, v. Foley & Lardner, Harry C. Engstrom, Quarles & Brady LLP and Nicholas Seay, we find one of the rare state court patent legal malpractice cases. Generally, as patent law is a federal question, one of the parties either brings the action in Federal District Court or removes it there. 
Legal Malpractice News
In House Insurance Lawyers May Defend Insureds in Texas
The familiar triumverate of client, insurance company and independent defense attorney is a familiar model. Certainly, there are cracks in the facade. The attorney has dual roles, and a divided loyalty… In Texas, a recent ruling permits the insurance company to use in-house attorneys to defend insureds.
Law and Insurance Blog reports: "Unauthorized Practice of…
In NJ, are Legal Malpractice Attorney Fees Recoverable?
Here is a subscription article from Law.com on recoverable legal fees in NJ legal malpractice litigation:
"A six-year-long legal malpractice epic shows why the N.J. State Bar Association wants to abolish the state’s unique fee-shifting benefits. A jury found that a firm that had sued its client for an unpaid fee, and was countersued, had…
$ 3.7 Million Verdict is “Too Small” in Legal Malpracice Case
We’ve been following this case. Bank is scammed by person running a structured settlement company, and clients’ structured settlement funds are lost. Bank sues the attorney who recommended the structure guy, and on Friday, a jury awarded the bank $ 3.7 million in damages.
Here is the story of the verdict in Magna v. Coburn…
Paul Hastings Settles $ 4.5 Million Bankruptcy Legal Malpractice Case
This article from the Daily Report tells us more about a new trend, legal malpractice cases arising and related to bankrupcy filings:
"A federal judge has approved a settlement—apparently totaling $4.25 million—of a lawsuit against Paul, Hastings, Janofsky & Walker.
The suit had alleged that some of the firm’s Los Angeles lawyers helped Mobile Billboards…
Equitable Subrogation and Legal Malpractice
In this Fourth Department case Kumar v, American Transit Co, the Appellate Division has reversed and sent a case of legal malpractice back for trial. It is an interesting application of equitable subrogation. Plaintiff is an auto insurer who was involved in bad faith litigation. Briefly, driver agrees to pay his policy…
Legal Malpractice and Estate Executors
Surcharged as an executor, this attorney has an ongoing legal malpractice case against several sets of his own attorneys. In Alaimo v. Mongelli, we see several varieties of legal malpractice allegations. One of them is in contract for failure to undertake an appeal, which was paid for, and one is for straight negligence. The NYLJ…
Was there Legal Malpractice in the Bear Stearns Takeover?
This report from the Wall Street Journal Law Blog suggests that JP Morgan may have had to raise its buying price from $ 2 to $10 because of legal malpractice. What was the legal malpractice? A sentence inadvertently left in the agreement, which required JP Morgan to guarantee certain trades.
Whether this is true or…
A Long List of Issues Leads to Trial in NJ Legal Malpractice
Clients often come to speak with a legal malpractice attorney, and concentrate on the mistakes made by their attorney. While there can be many mistakes, not all of them lead to a successful case. Here is an example of many mistakes in a NJ case in which, at the end, there may be no provable…
Several Appeals Later, Legal Malpractice Case Dismissed in NJ
This legal malpractice case from New Jersey illustrates an interesting point. DONALD ERICKSON, Plaintiff-Appellant, v. JEFFREY S. LEONARD, ESQ., and HERSH, RAMSEY AND BERMAN, P.C., Defendants-Respondents.
Plaintiff’s attorney seems to have narrowed the issues after remand from an appeal, and narrowed them so much, that he lost a second motion for summary judgment. From reading…