The Illinois Supreme Court held that hiring new counsel and incurring legal fees did not, by itself, trigger the two-year statute of limitations to file a legal malpractice action (735 ILCS 5/13-214.3(b)) because plaintiffs...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
On October 7, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of defendant law firm. The court held the attorneys owed no duty to advise the client to cease an activity...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
Brief Summary An Illinois appellate court held that the statute of repose barred a plaintiff's legal malpractice claim, and that the plaintiff's claim of fraudulent concealment to toll the statute failed. The court also...more
A Georgia appellate court held that plaintiff's nearly $6 million damage award was improper because the trial court permitted the jury to view a copy of the complaint which included allegations and claims that had been...more
Lemos v. Sessa, No. 3D20-1362, 2021 Fla. App. LEXIS 4527 (Dist. Ct. App. Mar. 31, 2021) -
Brief Summary A Florida appellate court held that plaintiff was required to arbitrate her claims against the attorney and her law...more
UFT Commercial Finance, LLC v. Fisher, No. 20-2012 (7th Cir., March 23, 2021) -
Brief Summary -
The Seventh Circuit affirmed the dismissal of a legal malpractice action filed by UFT Commercial Finance, LLC against the...more
China Auto Logistics, Inc. v. DLA Piper, LLP, Case No. 2:20-cv-00646, USDC, Dist. Nevada, March 3, 2021 -
A Nevada federal judge tossed a legal malpractice suit against a global firm, finding that the firm was not subject...more
Allied Fitting LP v. Steptoe & Johnson LLP et al., No. 4:20-cv-03447 (S.D. Tex. Jan. 21, 2021) -
Brief Summary -
A Texas federal district court dismissed a legal malpractice action brought by an international steel...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
An Illinois appellate court held that plaintiffs' malpractice action was time-barred because plaintiffs knew, or reasonably should have known, of their wrongfully caused damages more than two years before they filed. The...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
Jibreel Townsend v. Spear, Greenfield and Richman, P.C., Mark Greenfield, Rand Spear, Esq. Superior Court of Pennsylvania, No. 2950 EDA 2019 (8/13/20) -
Brief Summary -
A Pennsylvania court affirmed summary judgment in a...more
Webb v. Ellis, 2020 Tex. App. LEXIS 3527 (2020) -
Brief Summary -
A Texas appellate court reversed the trial court's grant of summary judgment in defendants' favor on plaintiffs' legal malpractice claim—which was based on...more
Summary judgment entered in the attorney defendant's favor on grounds of lack of causation in a legal malpractice case was upheld by a Texas court of appeal where plaintiffs' expert's opinions regarding proximate cause were...more
9/2/2020
/ Appeals ,
Attorney Malpractice ,
Burden of Proof ,
But For Causation ,
Causation ,
Expert Testimony ,
Malicious Prosecution ,
Negligent Misrepresentation ,
Proximate Cause ,
Slander ,
Statute of Limitations
McNellis-Wallace v. Hoffman, et. al., Superior Court of New Jersey, Appellate Division, Docket No. A-1488-19T1 -
Brief Summary -
A New Jersey appellate court held that a defendant in a malpractice case could not maintain a...more
8/21/2020
/ Appeals ,
Attorney Malpractice ,
Cause of Action Accrual ,
Contribution Claims ,
Joint Tortfeasors ,
Medical Malpractice ,
Motion for Reconsideration ,
Notice Requirements ,
Reversal ,
Statute of Limitations ,
Successors
Skindzelewski v. Smith, 2020 WI 57 (June 18, 2020) -
Brief Summary -
A Wisconsin plaintiff's legal malpractice action against his former criminal defense attorney was shot down by the Wisconsin Supreme Court because he...more
Scot Vandenberg v. RQM, LLC, 2020 IL App (1st) 190544 -
Brief Summary -
An Illinois appellate court affirmed the adjudication of a firm's attorney's liens down to zero, where the discharged firm failed to provide any...more
8/6/2020
/ Appeals ,
Attorney Malpractice ,
Attorney Misconduct ,
Attorney Representation Agreements ,
Attorney's Fees ,
Breach of Duty ,
Contingency Fees ,
Discharge Letters ,
Fiduciary Duty ,
Litigation Fees & Costs ,
Quantum Meruit ,
Settlement
Huyen Nguyen v. Karen Ellen Ford, No. H046809, 2020 Cal. App. LEXIS 411, at *1 (Ct. App. Apr. 24, 2020).
Brief Summary -
The court held that plaintiff's claims for legal malpractice and breach of fiduciary duty against her...more
Plaintiffs appealed the district court's order granting summary judgment in favor of defendants on plaintiffs' legal malpractice and breach of fiduciary duty claims. Plaintiffs alleged that defendants were negligent in...more
Schaeffer v. Thompson, Ala. Cov. App. LEXIS 25 (2020) -
Brief Summary -
The Alabama Civil Court of Appeals reversed a trial court's grant of summary judgment in favor of defendant on plaintiffs' legal malpractice claims,...more