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Fifty-Percent Owner of Partnership Has Standing to Seek Disqualification of Partnership Counsel to Protect Partnership Interests

Jarvis v. Jarvis, No. H044930, 2019 Cal. App. LEXIS 224 (Ct. App. Mar. 19, 2019) - Brief Summary - A general partner has standing to seek disqualification of an attorney who was being paid and directed by the other...more

Description of "Client" in Outside Counsel Guidelines Prohibits Representation Adverse to Affiliates of Firm's Current Client

Falk Pharma GMBH v. Generico, LLC, Nos. 2017-2312, 2017-2636, 2018-1320, 2018-2097, 2019 U.S. App. LEXIS 4859 (Fed. Cir. Feb. 8, 2019) - Brief Summary - The U.S. Court of Appeals for the Federal Circuit has ruled that a...more

Wisconsin Court of Appeals Holds Judge's Undisclosed Facebook Friendship with Litigant is Objectively Bias and Violates Due...

In re: The Paternity of B.J.M.: Miller v. Carroll, Appeal No. 2017AP2132 (Wisc. App. Ct., February 20, 2019) - Brief Summary - The Wisconsin Court of Appeals has held that the establishment of an undisclosed Facebook...more

3/13/2019  /  Bias , Due Process , Facebook Friends

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

Illinois Court Declines to Adopt "Continuous Course of Treatment Doctrine" in Accountant Malpractice Claims

Illinois' First District Appellate Court held that the five-year statute of repose and two-year statute of limitations governing claims against accountants barred plaintiffs' malpractice claims against their longtime...more

California District Court Applies California's New Rule of Professional Conduct to Disqualify Firm from Representation

SkyBell Technologies, Inc. v. Ring, Inc., No. 18-cv-14 (C.D. Cal Sept. 18, 2018) - Brief Summary - Law Firm bid on the representation of the plaintiff, Sky Bell Technologies ("Plaintiff"), prior to the filing of...more

Law Firm Retained to Represent LLC Owes No Duty to Owner or Officer of LLC

Reynolds v. Henderson & Lyman, No. 17-1999, 2018 U.S. App. LEXIS 25850 (7th Cir. Sep. 12, 2018) - Brief Summary - The Seventh Circuit Court of Appeals affirmed the grant of summary judgment to defendant law firm on the...more

California Court Holds Plaintiff Must Only Prove Attorney Was "Substantial Factor" of Loss, Not "But For" Causation

Knutson v. Foster, 25 Cal. App. 5th 1075, 1077 (Aug. 8, 2018) - Brief Summary - A competitive swimmer was successful in reinstating a jury verdict against her lawyer for fraudulent concealment and intentional breach of...more

Financing Arrangements Between a Lawyer and Litigation Funder Contingent on Recovery of Legal Fees Violates Prohibition on Fee...

New York City Bar Association, Professional Ethics Committee, Formal Opinion 2018-5: Litigation Funders' Contingent Interest in Legal Fees (July 30, 2018) - Brief Summary - Litigation funders extend financing to lawyers...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

Establishing Attorney's Breach of Duty Requires Expert Witness Testimony

Sere v. Trapeni, Jr., et al., 2018 Va. Unpub. LEXIS 17 (Va. Supreme Court July 26, 2018) - Brief Summary - Plaintiff asserted her attorney's alleged breach of duty—e.g., improperly naming the defendant in the original...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

Florida Appellate Court Rules Arbitration Clause in Retainer Agreement is Unenforceable because Client was Not Advised to Consider...

Owens v. Katherine L. Corrigan & Klc, 2018 Fla. App. LEXIS 9174 (Court of Appeal of Florida, Fourth District, 6/27/18; Not final until disposition of any motion for rehearing.)...more

South Carolina Supreme Court Holds that Insurer can sue Defense Attorney Retained to Represent its Insured

Sentry Select Insurance Company v. Maybank Law Firm, LLC, et al., (May 30, 2018) Brief Summary - The South Carolina Supreme Court, in response to questions from the District Court, ruled that an insurance company may...more

Lawyer's Alleged Intentional Misconduct Excluded from Professional Liability Coverage

Illinois State Bar Association Mutual Insurance Company v. Leighton Legal Group, LLC, 2018 IL App (4th) 170548 (May 22, 2018) Brief Summary - Plaintiff, a professional liability insurer, filed a declaratory judgment...more

Attorney Immunity Doctrine Defeats Claim by Non-Client

Youngkin v Hines, No. 16–0935 (Tx, 2018) - Brief Summary - The Texas Supreme Court considered whether the Texas Citizens Participation Act ("TCPA" or the "Act") entitled an attorney to the dismissal of claims brought by...more

Litigation Funding Company Loses Effort to Recoup Proceeds from Attorney after Client Fails to Repay

Prospect Funding Holdings, LLC v. Saulter, 2018 IL App (1st) 171277 (March 13, 2018) (Court opinion corrected 3/20/18) Brief Summary - An Illinois appellate court recently ruled against a litigation funding company...more

3/26/2018  /  Debtors , Jurisdiction , Lenders , Loans

Legal Malpractice Case Dismissed for Lack of Personal Jurisdiction under Illinois Long Arm Statute

Brook, as Trustee of the David North II Trust, successor to the assets of Cortina Financial, Inc. v. McCormley, et al., No. 16-4255 (7th Cir. 2017) Brief Summary - The Seventh Circuit affirmed the district court's...more

Attorney’s Expert’s Affidavit on Causation Sufficiently Detailed to Withstand Summary Judgment

Starwood Management, LLC by and through Norma Gonzalez v. Don Swaim and Rose Walker, LLP, Texas Supreme Court Number 16-0431 (September 29, 2017) - Brief Summary - The Texas Supreme Court overturned the trial court and...more

Disqualification Not Warranted Where Attorney Was Involved in Prior Real Estate Transaction Between Two Parties That Resulted in a...

Lynn v. George (2017) 2017 Cal. App. LEXIS 817 - Brief Summary - The California Court of Appeal for the Fourth District held in an action arising from an alleged partnership for buying and selling real property that...more

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