In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged...more
1/8/2025
/ Appeals ,
Appellate Courts ,
Assessment ,
Client Services ,
Estate Planning ,
Fiduciary Duty ,
Guardianships ,
Illinois ,
Legal Ethics ,
Legal Project Management ,
Mental Capacity ,
Motion to Dismiss ,
Negligence ,
Professional Liability
Michael Freude v. Jeffrey M. Berzowski and Di Renzo & Bomier, LLC., No. 2023 AP 764 (Wis. App. August 7, 2024) - Brief Summary - The plaintiff sued two defendants for legal malpractice related to an allegedly time-barred...more
Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more
Brief Summary -
An intermediate appellate court in Illinois held that defendant forfeited appellate review of expert testimony admitted at trial because he failed to file a post-trial motion on the issue. However, the...more
Baum v. Becker & Poliakoff, P.A., 47 Fla. L. Weekly D2374 (Fla. 5th DCA November 18, 2022) -
Plaintiff sued her attorneys for malpractice, arguing that they failed to correct her previous attorneys' mistakes in order to...more
An Illinois appellate court held that the trial court improperly granted summary judgment in defendants' favor based on the six-year statute of repose governing legal malpractice actions and the five-year statute of repose...more
An Arizona appellate court held that summary judgment was appropriate in a legal malpractice action brought by a medical marijuana company for failure to timely pursue a petition for judicial review where plaintiffs could not...more
An Illinois appellate court held that: (1) plaintiffs' motion to amend their complaint was properly denied where the six-year statute of repose (735 ILCS 5/13-214.3(c)) barred the proposed amended claims based (in part) on...more
An Illinois appellate court held that plaintiffs' legal malpractice claim, which accrued as soon as his business partners learned of their wrongfully caused injuries, was barred by the two-year statute of limitations. ...more
Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.).
Brief Summary -
After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more
1/28/2021
/ Appellate Courts ,
Attorney Malpractice ,
Damages ,
Dismissal With Prejudice ,
Motion to Dismiss ,
Post Trial Motions ,
Professional Negligence ,
Property Damage ,
Statute of Limitations ,
Stipulations ,
Tolling Agreement
A Wisconsin appellate court held that to pursue a legal malpractice claim against a criminal defense attorney, the former client only has to show actual innocence to some, not all, of the charges for which he or she was...more
After a Florida law firm and one of its attorneys (defendants) were hit with a $5 million jury verdict in a case arising out of an underlying medical malpractice action, they—along with the firm's insurer—appealed. Because...more
11/20/2020
/ Appellate Courts ,
Attorney Malpractice ,
Birth Injuries ,
Burden-Shifting ,
But For Causation ,
Exclusive Remedy ,
Expert Testimony ,
Jury Awards ,
Jury Verdicts ,
Liability Insurance ,
Medical Malpractice ,
Professional Negligence ,
Remand ,
Reversal