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Breach of Contract › Negligence › Attorney Malpractice

Marshall Dennehey

Getting the Gist: The Evolution and Application of Pennsylvania’s Gist of the Action Doctrine in Legal Malpractice Actions

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Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more

Goldberg Segalla

New Jersey Attorney Cleared of Alleged Malpractice

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The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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An attorney cannot be liable for failing act outside the scope of the retainer agreement. Kohler v. Polsky, 219 AD3d 821, 822 (2d Dept 2023) - The plaintiff had retained the defendant-attorney for representation in a workers’...more

Clark Hill PLC

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

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As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more

Hinshaw & Culbertson - Lawyers for the...

Continuous Representation Rule Does Not Apply to Legal Malpractice Actions Says Georgia Appeals Court

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Brief Summary - The Georgia Court of Appeals held that the continuous representation rule does not apply to legal malpractice actions. Thus, plaintiff's claims against his attorneys based on their alleged negligence in...more

Wiley Rein LLP

Legal Malpractice Lawsuit Not Covered Where Insured Knew or Reasonably Should Have Known Pre-Inception of Conduct that Might Be...

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The United States Court of Appeals for the Eighth Circuit, applying North Dakota law, has held that a lawyers professional liability policy did not provide coverage for a legal malpractice lawsuit where the insured knew or...more

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