Here, in a story from Atlanta from the Augusta Chronicle is the story of an Atlanta law firm that has a multiple number of legal malpractice cases facing it. One in particular, Jennifer v. Fleming the jury will be permitted to hear about an additional 22 cases. Two things stand out in this case:
a. …
Here are some NY state cases this week in Legal Malpractice:
1.Max Markus Katz, et al., appellants, v Herzfeld & Rubin, P.C., respondent.
APPELLATE DIVISION, SECOND DEPARTMENT
2008 NY Slip Op 1507 February 19, 2008
This case demonstrates two potent defenses: "we were fired before the end of the case, and the new…
Here is an unusual "too early" case in legal malpractice: Analisa Salon Ltd. v. Elide Properties LLC, 7582/05 , January 28, 2008
"Essential to a legal malpractice claim is proof that the alleged acts of an attorney proximately caused compensable damages. If there are no damages, there can be no cause of action. See Zletz…
Plaintiff suffered an auto accident, and went to trial. Although the jury determined that the other driver was 100% at fault, it granted no damages to plaintiff. She sued her attorney , alleging that settlement offers were not comunicated to her.JUANITA GALATE, v. LOUIS A. CHIAROLANZA, ESQ., and CHIAROLANZA & DeANGELIS, ESQS
Her legal…
From the Indiana Law Blog comes this will drafting legal malpractice case, in which the drafting of a will caused adverse tax consequences. Plaintiffs sued, and attorney’s successfully moved for summary judgment, only to lose at the appellate level:
"The trial court denied the Lawyers’ motion as to one issue, but granted it as to…
Horulic v. Galloway started out as a garden or varietal auto accident case. It blossumed into a unique legal malpractice – bad faith- Unfair Claims Settlement Act case in which at least one significant lesson is learned. $ 500,000 is not sufficient coverage for attorneys who litigate personal injury matters.
Plaintiffs were injured in an…
Air Measurement v. Akin Gump is another reminder that there are alternative jurisdictional bases in Federal district court aside from diversity jurisdictino. Here, a legal malpractice case over representation in a patent law case allowed the matter to be brought in Federal District Court. Patent law resides exclusively [for all important aspects] in Federal…
Plaintiff wanted to sue his opponent’s attorneys. While the ability to sue your opponent’s attorney is very restricted, [see: lack of privity}, in certain circumstances it is possible. This case:
Blum v Perlstein
2008 NY Slip Op 00439
Decided on January 22, 2008
Appellate Division, Second Department
appears to stand for the proposition that…
Closely related to the prior article on immigration legal malpractice is this story of legal malpractice in translation. While the attorney was held responsible only for failing to follow a specific court order, his mistake arises from failing to have a translator there.
"Bilingual attorneys are often tempted to provide foreign language translation and even…
Here from the Illinois Legal Malpractice Blog discussing an ABA Journal article about a 2d Circuit Case. Immigration legal malpractice is a frequent subject, with inherent problems for the plaintiff. First, the client may not be in the country, and discovery/depositions will be difficult; second, proving the value of damages can be difficult. The mistake…
