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Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction

R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more

Plaintiffs' Breach of Fiduciary Duty Claim Against Law Firm Dismissed as Duplicative of Legal Malpractice Claim, Punitive Damages...

Signal Fin. Holdings, Ltd. Liab. Co. v. Looking Glass Fin., Ltd. Liab. Co., 2019 U.S. Dist. LEXIS 206857 (N.D. Ill., Judge Joan H. Lefkow, 12/2/19) Brief Summary - A federal district court in Illinois granted defendants'...more

Attorney Has Immunity for Destroying Evidence When Acting Within Scope of Representation

Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C., (Feb. 21, 2020, No. 18-0595) 2020 Tex. LEXIS 139 - Brief Summary - The Texas Supreme Court held that a claim over an attorney's alleged destruction of evidence...more

Illinois Appellate Court Holds Union Appointed Lawyers Are Immune From Individual Malpractice Suits Filed By Members

Zander v. Carlson, 2019 IL App (1st) 181868, November 21, 2019 - Union-appointed lawyers are immune from malpractice lawsuits filed by formerly represented union members, an Illinois appeals court has affirmed. The First...more

New Jersey Appellate Court Holds No Attorney-Client Relationship Between Law Firm and Managing Members of LLC in Legal Malpractice...

In consolidated appeals, a New Jersey appellate court affirmed the trial court's grant of summary judgment in favor of defendants in a legal malpractice action, finding the law firm had only represented the company (a limited...more

According to Tenth Circuit, "Continuous Representation" Doctrine Does Not Toll Legal Malpractice Statute of Limitations Under New...

Cahn v. Word, 2020 U.S. App. LEXIS 193 (10th Cir. Jan. 6, 2020) - Brief Summary - The U.S. Court of Appeals for the Tenth Circuit held that the four year statute of limitations applicable to legal malpractice actions in...more

Appellate Court Holds That Plaintiff Failed to Prove But For Causation, Reversing Award in Plaintiff's Legal Malpractice Action

Drendall Law Office, P.C. v. Mundia, No. 19A-PL-582, 2019 Ind. App. LEXIS 523 (Ct. App. Dec. 2, 2019) - Brief Summary - The Court of Appeals in Indiana overturned a malpractice jury verdict of $312,000 in favor of a...more

California Court Clears Way for Malicious Prosecution Claim Against Attorney for Cannabis Dispensary

Wykowski v. Chimienti, No. B293271, 2019 Cal. App. Unpub. LEXIS 7168, at *1 (Oct. 28, 2019) - Brief Summary - A California appellate court has cleared the way for a tax attorney named Henry Wykowski to pursue malicious...more

Awkward or not, Former Client Waited Too Long to Sue Attorney

Sharon v. Porter, California Fourth Appellate District Case No. G056706 (September 18, 2019) - Brief Summary - The Sharon case is a cautionary tale that absent a tolling agreement or continued representation, the...more

Case Dismissed: Illinois Appellate Court Holds Legal Malpractice Claims Were Time-Barred and Corporate Adverse Domination Tolling...

Edward Shrock, et. al. v. Ungaretti & Harris, Ltd., et. al., 2019 IL App (1st) 181698 - Brief Summary - The First District Appellate Court in Illinois upheld the dismissal of a legal malpractice action brought by a...more

Judicial Error Doctrine Rejected as a Defense to Malpractice Claim Because Attorneys Failed to Appeal the Judgment in the...

American Inter-Fidelity Exchange v. Hope, et. al., (N.D. Illinois 17 C 7934) - Brief Summary - A federal district court in Illinois held that defendants, who were sued for malpractice after a default judgment was...more

Attorney's Discharge Before Statute of Limitations Expired Severed Any Causal Connection in Malpractice Claim

Bush v. Eichholz et al., A19A1388 (Ga. Ct. App. Aug. 16, 2019) - Brief Summary - A personal injury client brought suit against its former law firm for legal malpractice. Because the client terminated the representation...more

Successor Legal Counsel Not a "Joint Tortfeasor" Under New Jersey's Joint Tortfeasors Contribution Law

D'Elia v. Law, 2019 N.J.Super.Unpub.LEXIS 1235 (N.J. App. Div. May 30, 2019) - Brief Summary - An attorney who failed to file a demand for arbitration on behalf of a client within the applicable statute of limitations...more

New Jersey Court Reaffirms Principle that a Plaintiff Must Establish "But For" Causation and Damages in a Malpractice Claim

Picciolo v. Rittley, 2019 N.J. Super. Unpub. LEXIS 1116 - Brief Summary - The New Jersey Appellate Division affirmed summary judgment for defendants in a legal malpractice action where plaintiff failed to prove actual...more

Wisconsin Court of Appeals Discusses Wisconsin Supreme Court's MacLeish Decision

Pence v. Slate, et al., 2018AP652 - Brief Summary - One month after the Wisconsin Supreme Court issued its decision in MacLeish v. Boadman & Clark, LLP, 381 Wis. 2d 471 (2019)—a decision discussed in our previous...more

Wisconsin Supreme Court Declines Invitation to Broaden Legal Malpractice Liability to Non-Client Will Beneficiaries

MacLeish v. Boardman & Clark LLP, 381 Wis. 2d 471 (2019) - Brief Summary - The children and beneficiaries of a father's will sued the attorneys who had administered their father's estate, arguing the attorneys were...more

Advocacy Statements Made by Attorney Cannot Later Be Used as Admissions in Legal Malpractice Action

Power Control Devices, Inc. v. Lerner, 2019 Kan. App. LEXIS 5 (Ct. App. Jan. 25, 2019) - Brief Summary - An attorney's statements in the course of representing a client are not admissions and cannot be used as such...more

Florida Court Holds Insurer Lacks Standing to Sue Defense Counsel for Legal Malpractice

Arch Ins. Co. v. Kubicki Draper, LLP, 2019 Fla. App. LEXIS 886 (Fla. Dist. Ct. App. Jan. 23, 2019) - The Florida Fourth District Court of Appeal held that an insurer does not have standing to sue defense counsel for legal...more

Colorado Supreme Court Holds That Plaintiff Must Bear Burden of Proving Collectibility in Legal Malpractice Actions

LeHouillier v. Gallegos, 2019 Colo LEXIS 89 (Jan. 28, 2019) - Brief Summary - The Colorado Supreme Court concluded that the plaintiff in a legal malpractice case must bear the burden of proving "collectibility" as part...more

Fifth Circuit Affirms Broad Scope of Attorney Immunity Defense in Legal Malpractice Case

Ironshore Europe DAC v. Schiff Hardin, LLP, No. 18-40101 (5th Cir. 2019) - Brief Summary - Plaintiff, an excess insurer, filed suit against a law firm for negligent representation arising out of the firm's alleged...more

Illinois Appellate Court Reaffirms Necessity of Proving "But For" Causation in Transactional Malpractice Claim

Northern League v. Gozdecki, Del Guidice, Americus & Farkas, LLP, 2018 IL App (1st) 172407 - Brief Summary - Plaintiff sued its former lawyers for legal malpractice due to their alleged failure to include an exit fee...more

Collateral Estoppel Slams Door on Malpractice Action Spawned by Another Malpractice Action

Brief Summary - Illinois' First District Appellate Court affirmed a grant of summary judgment in favor of the defendant-attorney, finding that the speculative damages ruling in the prior "malpractice" case filed by the...more

Utah Supreme Court Vacates an Award of Non-Economic Damages Arising from a Legal Malpractice Action

Brief Summary - In a case of first impression for Utah's highest court, the court vacated a jury award of non-economic damages for emotional distress allegedly sustained by plaintiff as a result of the alleged malpractice....more

Absent "Special Circumstances," An Insurance Agent Owes No Duty to Ensure Adequate Insurance Coverage

Perreault v. AIS Affinity Ins. Agency of New England, Inc., 2018 Mass.App. LEXIS 99 (Ma.App.Ct. Aug. 2, 2018) Brief Summary - As part of the settlement of a malpractice action against an attorney, he assigned any claims...more

Jury Rejects Claim that Law Firm Committed Malpractice by failing to Advise Former Client to Tender Claim to Insurer for...

Landmark Worldwide, LLC. v. Seyfarth Shaw, LLP, Case No. BC635695, Cal. Super. June 29, 2018 - Brief Summary - A Los Angeles jury rejected plaintiff's claim that the defendant law firm committed malpractice by not...more

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