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Professional Liability Legal Cases

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February 20, 2015: Law 360
DC Firm Says It Never Represented Malpractice Accuser…
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February 20, 2015: Chicago Tribune
Lawyer accused of misconduct in case of girl who saw mother run over by bus…
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February 19, 2015: Law 360
Malpractice Claims Against Crowley Hoge Revived In DC Court…
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February 18, 2015: Dallas Business Journal
Highland Capital lawsuit alleges Winstead botched $62M loan workout…
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February 18, 2015: NJ Law Journal
Parties Fight to Keep 15-Year-Old Legal Mal Suit in Fed. Court…
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February 17, 2015: Law 360
Littler Mendelson OT Tip Draws Texas Malpractice Suit…
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February 17, 2015: Law 360
Jailed DHB Founder Sues Atty In $246M Malpractice Suit…
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February 17, 2015: Florida Times-Union
Vidalia lawyer pleads not guilty to federal charges in theft of settlement money from clients…
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February 17, 2015: Law 360
$7M Facebook Malpractice Row Against Law Firm Revived…
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February 17, 2015: Belanus v. Quintana (MT)
Although he claims that a contract for legal services was formed, he alleges an error in Quintana's practice based on the duties required of Quintana by law. ¶12 The statute of limitations for legal malpractice claims states that "[a]n action against an attorney…
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February 17, 2015: Akopyan v. Karamanoukian (CA)
In this case, we hold that a claim for legal malpractice arising out of the alleged failure to timely commence an action, or to join a party in an existing action, is subject to the accrual rule established by Amfac Distribution Corp. v. Miller…
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February 17, 2015: Facie Libre Assoc. LLC v. Littman Krooks, LLP (NY)
Court, New York County (Joan M. Kenney, J.), entered September 11, 2013, which granted defendant's motion to dismiss the complaint, unanimously modified, on the law, to deny the motion as to the legal malpractice cause of action, and otherwise affirmed, without…
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February 13, 2015: Law 360
Developer Sues DC Law Firm Over Allegedly Bad Tax Advice…
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February 13, 2015: Vossoughi v. Polaschek (IA)
Vossoughi and a company owned by him brought this legal malpractice action against attorneys who prepared documents in connection with the sale of real and personal property. Vossoughi appeals from a district court ruling granting summary judgment to both…
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February 13, 2015: Walsh v. Cluba (VT)
Cluba did not attempt to parse the reasonableness of particular legal fees claimed by Walsh, but rather argued that $10,000 would be a reasonable … $8300 of Walsh's attorney's fees were spent on making Good Stuff part of the case, but that it would have been malpractice…
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February 13, 2015: Hayenga v. Gilbert (AZ)
In this case, we hold that a claim for legal malpractice arising out of the alleged failure to timely commence an action, or to join a party in an existing action, is subject to the accrual rule established…
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February 13, 2015: Fujian Peak Group, Inc. v. Huang (TX)
The award was confirmed by a California court. Huang appealed and sued the attorney for D & R for malpractice. The confirmation was reversed and remanded on the issue of whether Huang was properly added to the arbitration proceeding…
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February 12, 2015: Hayenga v. Gilbert (AZ)
In this case, we hold that a claim for legal malpractice arising out of the alleged failure to timely commence an action, or to join a party in an existing action, is subject to the accrual rule established by Amfac Distribution Corp. v. Miller…
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February 12, 2015: Gustafson v. Schwarz (NV)
This case arises from Defendant's alleged legal malpractice and breach of contract. Pending before the Court is Defendant's Motion to Dismiss (ECF No. 25) Plaintiff's Amended Complaint ("AC"). Plaintiff has filed a Response…
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February 12, 2015: Rojas v. Paine (NY)
In an action, inter alia, to recover damages for legal malpractice, the defendants Paul Herrick and Rabin, Panero, and Herrick, LLP, appeal from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), entered September 30, 2011…
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February 10, 2015: In Re Fundamental Long Term Care, Inc. (FL)
The Complaint includes Plaintiff's claims relating to the Nunziata litigation: Count I Legal Malpractice Quintairos Defendants Count II Breach of Fiduciary Duty Quintairos Defendants Count III Legal Malpractice Zack Count IV Breach of Fiduciary Duty FAS, Zack…
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February 10, 2015: Anten v. Superior Court of Los Angeles County (CA)
Thus, a legal malpractice defendant cannot invoke the exception in order to permit discovery of communications between the plaintiff and the attorney who represents the plaintiff in the malpractice action…
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February 9, 2015: Knazze v. JP Morgan Chase Bank, NA (MN)
The Knazzes appeal on various theories, most of which depend on their view that Christiansen is not entitled to the judgment because he committed legal malpractice and breached his fiduciary duties. Because the Knazzes' arguments are not persuasive, we affirm…
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February 9, 2015: Thieriot v. Jaspan Schlesinger Hoffman, LLP (NY)
Reconsideration is strict in order to dissuade repetitive arguments on issues that have already been considered fully by the Court."). II. Discussion. In the Summary Judgment Order, Judge Platt summarized plaintiffs' legal malpractice claim as follows…
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February 9, 2015: New Kayak Pool Corp v. Kavinoky Cook LLP (NY)
Plaintiffs commenced this legal malpractice action against defendants, Kavinoky Cook LLP (Kavinoky) and Hodgson Russ, LLP (Hodgson), each having represented plaintiff The New Kayak Pool Corporation, now known as Kayak Pool Corporation (Kayak Pool)…
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February 9, 2015: Yarbro v. Wells Fargo Bank, NA (NY)
The Amended Complaint asserts causes of action for bad faith, legal malpractice, violation of Judiciary Law § 487 as against Sarna. … Further, the allegations in the Amended Complaint for bad faith and legal malpractice are duplicative…

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February 8, 2015: Dischiavi v. Calli (NY)
Memorandum: In this legal malpractice action, plaintiffs appeal from that part of an order granting the motions of defendants-respondents (hereafter, defendants) to preclude plaintiffs from introducing certain evidence at trial…
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February 8, 2015: Olesen v. Lowndes, Drosdick, Doster (FL)
In favor of Lowndes, Drosdick, Doster, Kantor & Reed PA (the Lowndes Firm), Jennifer R. Dixon, James Steven Toscano, and Terry Cressler Young (collectively Lowndes Defendants) on Olesen's claims for legal malpractice, fraud, constructive fraud, and civil conspiracy…
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February 6, 2015: Fulbright & Jaworski LLP v. Eighth Judicial District Court (NV)
While an appeal is generally considered to be an adequate legal remedy precluding writ relief, Pan v. Eighth Judicial Dist. … reject representing clients in distant forums, and that those who accept such representation have fair warning that they might be sued for malpractice…
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February 6, 2015: Gunter v. Malanga (CA)
This is a legal malpractice lawsuit against Attorney Gerald Malanga for failing to identify the alleged legal malpractice of another attorney. … On February 20, 2013, the Gunters sued Malanga for legal malpractice and breach of fiduciary duty…
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February 6, 2015: Corsaro & Assocs. Co., LPA v. Weston Hurd, LLP (OH)
In February 2009, appellees filed a legal malpractice action against Corsaro and Long alleging that they negligently administered Franz's estate by failing to deposit the bond money into an account bearing a higher interest rate…
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February 6, 2015: Creger v. Hudson 141 Homeowners Association (CA)
Legal malpractice (5.1.2). Plaintiff sued the RHO defendants and the Troff defendants for legal malpractice. He alleged that he was damaged when (1) the RHO defendants and the Troff defendants…
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February 6, 2015: Reynolds v. Stambaugh (PA)
Heidi Reynolds ("Plaintiff") appeals from the October 16, 2013 order granting preliminary objections and dismissing this legal malpractice action. … The plaintiff in the legal malpractice action also must prove that he would have recovered a judgment in the underlying…
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February 6, 2015: Bigham v. Southeast Texas Environmental, LLC (TX)
However, we find legal malpractice cases instructive to the extent they set forth the evidence necessary to establish that a client would have received a better recovery but for his attorney's acts or omissions—a standard of causation and measure of damages similar…
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February 6, 2015: Miralda v. Gonzalez (LA)
In this legal malpractice action, the plaintiff, Marco Tulio Miralda, appeals the trial court's judgment granting the peremptory exception of peremption filed by the defendants, Romauldo Gonzalez, Sr., and the Law Offices of Romauldo Gonzalez, LLC d/b/a Braden Gonzalez…
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February 6, 2015: Laroche v. Billbe (WA)
Discussion. Plaintiff Carole LaRoche brings this legal malpractice action against her former attorney, Ted. … See Daugert v. Pappas, 104 Wn.2d 254, 260-63, 704 P.2d 600 (1985) (adhering to the "but for" standard of causation for legal malpractice claim…
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February 4, 2015: Lyunomirsky v. Luboy Arulin PLLC (NY) .
Billbe (WA) In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated March 11, 2014, which granted the plaintiff's motion to vacate a prior order of the same court dated December 17, 2013…
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February 4, 2015: Clark v. PFPP Limited Partnership (TX)
The supreme court specifically noted that courts have allowed recovery of economic damages even absent physical injury or property damage based on negligent misrepresentation, legal or accounting malpractice, breach of fiduciary duty, fraud, fraudulent…
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February 4, 2015: Bekeris v. Denis (CA)
The reason is that the lawsuit concerns a breach of duty that does not depend on the exercise of a constitutional right.' (4 Mallen & Smith (2012 ed.) Legal Malpractice, § 37:11, pp. 1460-1461, fns. omitted; see 1 Weil & Brown, Cal…
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February 4, 2015: Dudley v. Strong (IL)
Therefore, any claim that Plaintiff has attempted to bring pursuant to § 1983 claim is dismissed. It is possible that Plaintiff is also attempting to bring a state law claim for legal malpractice. The Court declines its jurisdiction to hear any state law claims Plaintiff may…
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February 4, 2015: Hawthorne v. Guenther (TX)
Relief in which he sought turnover of proceeds from a personal injury case in which appellant was the plaintiff; (2) an August 24, 2004 petition in intervention and application for turnover relief in which he sought turnover of proceeds from a legal malpractice case appellant…
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February 4, 2015: Brion v. Moreira (NY)
In this legal malpractice action, plaintiffs Michael A. Brion, individually and as the assignee of the Estate of Miguel Brion and Basonas Construction Corp. commenced this action against defendants Jorge W. Moreira…
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February 9, 2015: JZ Law
Disgorgement of Attorney’s Fees Not Damages for Insurance Purposes…
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February 6, 2015: WFMJ
Supreme Court places Salem attorney on probation…
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February 5, 2015: The Legal Intelligencer
Reed Smith Sued Over Client's $20.5M Insurance Dispute…
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February 5, 2015: Daily Business Review
This Legal Malpractice Case Will Have Your Head Spinning…
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February 5, 2015: Metropolitan News
C.A. Revives Legal Malpractice Action Based on Equitable Estoppel…
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February 5, 2015: Madison Record
Asbestos legal malpractice suit arising from a ’90s claim settles in Madison County…
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February 4, 2015: New York Law Journal
'Law Firm' Discipline and Other Noteworthy Cases…
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February 3, 2015: Chicago Business
Developer blames law firm for personal bankruptcy case…
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February 3, 2015: Dickerson v. Murray (DE)
Compare Gatz Properties LLC, 2014 WL 1725822, at *9 (explaining "there are three elements of legal malpractice: `a) the employment of the attorney; b) the attorney's neglect of a professional obligation; and c) resulting loss'")…
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February 3, 2015: Williams v. Hubbard (MO)
Williams alleges that Kenneth breached his fiduciary duty as Reynolds' attorney (Count IV) and/or committed legal malpractice (Count V) by causing Reynolds to name Sandra as her attorney-in-fact and by causing her to transfer joint ownership to Sandra of, or designate…
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February 3, 2015: Berman, Sauter, Record & Jardim PC v. Robinson (NJ)
This professional liability matter arises from the legal representation by third party-defendants Hersh, Ramsey & Berman, PC and Kenneth R … underlying litigation addressed to DTH's liability, implicating the professional conduct of counsel now challenge in this malpractice…
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February 3, 2015: Estate of Agnew v. Ross (PA)
On appeal, Appellants set forth four issues for our review. A. Whether the [t]rial [c]ourt erred in holding that a signed testamentary document is a prerequisite to standing in every legal malpractice action based on third-party beneficiary status…
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February 3, 2015: Hawkins v. Bruner (OH)
The plaintiff's present civil complaint purports to allege state-law tort claims against Mr. Bruner for legal malpractice and emotional distress. The plaintiff alleges Mr. Bruner committed legal malpractice in advising him…
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January 30, 2015: Anten v. Superior Court of Los Angeles County (CA)
Thus, a legal malpractice defendant cannot invoke the exception in order to permit discovery of communications between the plaintiff and the attorney who represents the plaintiff in the malpractice action…
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January 30, 2015: Indiana Insurance Company v. Demetre (KY)
Osborne then filed an action against her counsel asserting legal malpractice, breach of contract, and fraud and deceit. The jury returned a verdict in Osborne's favor and awarded damages, including $250,000 for mental anguish…
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January 30, 2015: Attorney Grievance Commission of Maryland v. Shapiro (MD)
Lawson violated MLRPC 1.8 as a result. Id. In Steinberg, an attorney violated MLRPC 1.8 when he sought to have his client, without the assistance of independent counsel, execute a release of any legal malpractice claims against the attorney…
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January 30, 2015: Burns v. Wilson (DE)
This is a legal malpractice action filed by Plaintiff George R. Burns ("Plaintiff") against Defendant Attorney Richard T. Wilson, an individual ("Defendant Wilson"), and Defendant Wilson's employer, the Law Offices of Peter G. Angelos, PC…
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January 30, 2015: New York Central Mutual Insurance Company v. Edelstein (PA)
Filed the instant action alleging one count of legal malpractice on April 29, 2014. (Doc. … The parties initially dispute whether plaintiffs' legal malpractice claim against defendants sounds in contract or tort and, whether it is subject to a 4-year or 2-year statute of…
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January 30, 2015: Gould v. Summey (NC)
As noted in the M&R, if the court were to construe the allegations in the complaint to as a legal malpractice claim, the court would be without jurisdiction to hear that claim, because both parties are residents of North Carolina…
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January 30, 2015: Gulf Coast Asphalt Company, LLC v. Lloyd (TX)
Bring this permissive interlocutory appeal of a partial summary judgment in their legal malpractice action against appellees Russell T. Lloyd, John M. O'Quinn & Associates, LLP, and John M. O'Quinn & Associates, PLLC…
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January 30, 2015: Schlenker v. Cascino (NY)
Defendants joined issue and counterclaimed for legal malpractice. Supreme Court (Teresi, J.) granted plaintiff's motion for summary judgment on his account stated cause of action. … Defendants do not contest the dismissal of their legal malpractice counterclaim…
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January 30, 2015: State v. West (WA)
Reasonableness. State v. McFarland, 127 Wn.2d 322, 334-35, 899 P.2d 1251 (1995). Such a standard echoes the standard of care applied in a civil legal malpractice suit…
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January 30, 2015: Long v. Parry (VT)
On the one hand, the Plaintiff's silent delay did not significantly congest the Court's docket. On the other hand, the Plaintiff has not yet had a fair chance to have his malpractice and related claims heard…
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January 30, 2015: Yancey Environmental Solutions, LLC v. Richardson Plowden & Robinson, PA (SC)
In this legal malpractice action, Appellant Yancey Environmental Solutions, LLC challenges the circuit court's granting of a directed verdict to Respondents, Richardson Plowden & Robinson, PA and George Harold Hanlin….
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January 28, 2015: Pedote v. Kelly (NY)
In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered December 26, 2012, which denied his motion for summary judgment dismissing the complaint and for the imposition…
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January 28, 2015: Wilson v. TA Operating LLC (PA)
The Pennsylvania Superior Court held that a defendant owed no duty to a plaintiff who killed himself shortly after he was criminally convicted, and whose estate alleged that the suicide was a direct result of legal malpractice committed by the defendant defense…
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January 28, 2015: Fortson v. State Court of Appeals (USCA)
He alleged he had filed the state complaint against his former attorney, Render Freeman and Freeman's law firm, for fraud, negligent misrepresentation, legal malpractice, and breach of contract…
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January 28, 2015: D'Itri v, Hobbs (MI)
With respect to defendant attorneys, in an amended complaint, plaintiff raised claims of legal malpractice, breach of contract, and malicious and intentional breach of fiduciary duty. … This is the "suit within a suit" requirement in legal malpractice cases…
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January 28, 2015: Primo v. Rothenberg (TX)
Primo filed his original answer and counterclaim for "legal malpractice and related torts" on December 17, 2012. A. Discovery. … Dr. Primo filed a legal malpractice lawsuit against me alleging that I mishandled a jury trial in the 281st District Court…
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January 28, 2015: HSBC Mortgage Services, Inc. v. Watson (OH)
Thus, HSBC must suffer the consequences of its counsel's deficiencies and has recourse in an action for legal malpractice…
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January 28, 2015: Smith v. Dezaq (NJ)
This action involves Defendants' alleged legal malpractice in the underlying case, Smith et al. v. Resort Condominiums Internationals, Inc., et al., Case No. 2:07-cv-00437. … II. ANALYSIS. Legal-malpractice suits are grounded in the tort of negligence…
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January 28, 2015: Lozovyy v. Kurtz (LA)
However, the Court made this statement in the context of defamation claim made in a legal malpractice suit, which appears to have a special burden. [4] Thus, while the italicized language seems to point toward a heightened burden, the case is unique factually…
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January 28, 2015: Pharma Supply, Inc. v. Stein (FL)
These precedents thus are of questionable relevance in the instant case involving a claim for legal malpractice and a discrete dispute between Pharma Supply and its own insurer over the extent of coverage…
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January 28, 2015: Leder v. American Traffic Solutions, Inc. (NY)
Unjust enrichment, and breach of contract were properly dismissed. They were merely duplicative of the legal malpractice cause of action, as they arose from the same facts and did not allege distinct and different damages.")…
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January 28, 2015: In Re Galaz (TX)
One of Raul's former business entities retained Pick & Boydston to assert a legal malpractice action, which the court held was barred by the statute of limitations…
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January 28, 2015: In Re AMC Investors, LLC (DE)
Further, in a dispute over legal fees, the New York Surrogate Court's decree fixing the value of defendant-attorney's services was taken as a determination that the attorney had not committed malpractice…
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January 28, 2015: Raicevic v. Lopez (CA)
In the unpublished opinion filed in August 2010 (D055002), this court stated that, "with respect to the cause of action for legal malpractice, the trial court correctly determined as a matter of law that Defendants did not undertake or owe to Plaintiffs the professional duties…
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January 28, 2015: Atiencia v. Pinczewski (NY)
Factual and Procedural History. This malpractice claim arises out of the defendants' legal representation of the plaintiff during an underlying personal injury lawsuit. … On May 5, 2005 the plaintiff commenced this legal malpractice action against the defendants…
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January 30, 2015: Law 360
Law Firms Beat Malpractice Suit By Coal Royalty Claimants…
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January 26, 2015: Insurance Journal
Washington Church, Law Firm Settle Legal Malpractice Claim…
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January 26, 2014: Mondaq
Canada: Finally A Solution! Proceeds Payable Under LawPro E&O Policy Are A "Debt" Subject To Garnishment By Judgement Creditors…
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January 25, 2015: Philly
Lawyer faces $1M in sanctions because her witness stumbled…
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January 23, 2014: Bloomberg
A Lawyer’s Error Could Cost $1.5 Billion: Business of Law…
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January 23, 2015: ABA Journal
Former lawyer has 237 years to pay off malpractice judgment…
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January 23, 2014: Matthews v. Sullivan (USCA)
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court … appeal, Matthews asserts that the court should have considered some of his claims as common law professional malpractice, negligence…
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January 23, 2015: Estate of Alston v. Ramseur (NY)
In an action, inter alia, to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Sampson, J.), entered June 21, 2013, which granted the plaintiff's motion pursuant to CPLR 3126 to strike her answer for failure…
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January 23, 2014: Lando & Anastasi, LLP v. Innovention Toys, LLC (MA)
Innovention also reserved the right to countersue for legal malpractice if it was ultimately prejudiced by Lando's subpar performance. Finding that the outcome of the litigation in Louisiana could potentially clarify the dispute, the Court administratively stayed the case…
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January 23, 2015: Beery v. Chandler (MO)
Plaintiff, Rhoderick Beery, III, filed a Complaint against two attorneys, Robert Chandler and Jeffrey Roper, as well as the law firm of Baker, Sterchi, Cowden & Rice, LLC, ("Sterchi") alleging Intentional Misrepresentation (Fraud) in Count I and Legal Malpractice…
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January 23, 2015: Lyons v. Atchley (TN)
The defenses' [sic] continuing claims of legal malpractice while the plaintiffs were claiming no work was done to utilize [Defendant's] legal expertise and the plaintiffs' Complaint based in tort and now the defense's unsubstantiated claims in reference to the underlying…
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January 23, 2015: Shelton v. Sand Springs Public Schools Independent District No 2 Tulsa County (OK)
In Gunn, the Supreme Court applied the four requirements set forth above in order to determine whether a legal malpractice claim arose under federal law. 133 S. Ct. at 1064-68. The plaintiff in Gunn had been unsuccessful in a federal district court patent…
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January 23, 2015: Hyon v. Shopoff (CA)
Receiver from all liability to the claimants. (Id. at p. 1501.) Hyon filed a cross-complaint against Shopoff for legal malpractice, conversion, breach of fiduciary duties, misappropriation of assets, and constructive fraud…
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January 23, 2015: Totoli v. Mecca (NJ)
In this legal malpractice lawsuit, plaintiff appeals from a January 17, 2014 order granting defendant's motion to dismiss plaintiff's complaint with prejudice…
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January 23, 2015: Denhof v. Covello (MI)
Each count requests equitable relief and damages under MCL 600.5838b, which address the statute of limitations for legal malpractice actions. Consequently, defendant's characterization of plaintiff's complaint as one for legal malpractice is reasonable…
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January 23, 2015: Neurorepair, Inc. v Nath Law Group (USCA)
In its recent decision in Gunn v. Minton, the Court made clear that state law legal malpractice claims will "rarely, if ever, arise under federal patent law," even if they require resolution of a substantive question of federal patent law…
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January 23, 2015: Gold v. Metz Lewis Law Firm, LLC (PA)
Indeed, the Supreme Court recently held that Section 1338 did not bar state jurisdiction over legal malpractice claims stemming from the handling of a patent case…
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January 23, 2015: Hope v. Renaud Cook Drury Mesaros, PA (AZ)
Carol M. Romano, Barry P. Hogan, Mark E. Gove, and John A. Klecan; Campana, Vieh & Loeb, PLC ("CVL"); and Donald O. Loeb; (2) dismissing Thur & O'Sullivan, PC ("TO") and Calvin C. Thur; and (3) striking her proposed legal malpractice standard of care expert…
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January 23, 2015: Weaver v. State Farm Fire and Casualty Company (MI)
It argues that while JDW's guardian ad litem specially sought out Rhea's life insurance proceeds and JDW's father went so far as to pursue a legal malpractice claim against the first court-appointed executor of Rhea's estate, neither guardian pursued the fire insurance…
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January 23, 2015: Holloway Drilling Equipment v. Broussard (LA)
In interpreting subsection E of the legal malpractice statute, La.RS 9:5605, which is worded identically to La.RS 9:5604(E), we concluded that "if fraud is proven, the three-year peremptive period will be inapplicable; the claim can be brought at any time after the act of. ..
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January 23, 2015: Denhof v. Covello (MI)
Each count requests equitable relief and damages under MCL 600.5838b, which address the statute of limitations for legal malpractice actions. Consequently, defendant's characterization of plaintiff's complaint as one for legal malpractice is reasonable …
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January 23, 2015: Gold v. Metx Lewis Law Firm, LLC (PA)
Indeed, the Supreme Court recently held that Section 1338 did not bar state jurisdiction over legal malpractice claims stemming from the handling of a patent case …
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January 23, 2015: Hope v. Renaud Cook Drury Mesarao, PA (AZ)
Carol M. Romano, Barry P. Hogan, Mark E. Gove, and John A. Klecan; Campana, Vieh & Loeb, PLC ("CVL"); and Donald O. Loeb; (2) dismissing Thur & O'Sullivan, PC ("TO") and Calvin C. Thur; and (3) striking her proposed legal malpractice standard of care expert. ..
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January 23, 2015: Weaver v. State Farm Fire and Casualty Company (MS)
It argues that while JDW's guardian ad litem specially sought out Rhea's life insurance proceeds and JDW's father went so far as to pursue a legal malpractice claim against the first court-appointed executor of Rhea's estate, neither guardian pursued the fire insurance …
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January 23, 2015: Holloway Drilling Equipment v. Broussard (LA)
In interpreting subsection E of the legal malpractice statute, La.RS 9:5605, which is worded identically to La.RS 9:5604(E), we concluded that "if fraud is proven, the three-year peremptive period will be inapplicable; the claim can be brought at any time after the act of …
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January 23, 2015: Carter v. First South Farm Credit, ACA (LA)
Costs of appeal are assessed to Christi Lynn Carter and Linda S. Payne, Bankruptcy Trustee. AFFIRMED. [1] Ms. Mims filed a motion for summary judgment in which she argued that the Carters could not carry their burden of proof in a legal malpractice claim against …
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January 23, 2015: Christen v. Weixel (CA)
Defendant therefore cannot use the anti-SLAPP statute to avoid liability.' [Citation.] An attorney is prohibited from sharing legal fees with a … 136; Thayer v. Kabateck Brown Kellner LLP (2012) 207 Cal.App.4th 141, 158.) However, "garden-variety attorney malpractice…
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January 23, 2015: OneBeacon Insurance Company v. T. Wade Welch & Associates (TX)
Have expected the acts, errors, or omissions of an attorney employed by the Welch Firm, Ross Wooten, to give rise to a malpractice claim … is a perfectly accurate statement of the law and that is not confusing to the jury, even though the court already has decided the legal. ..
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January 23, 2015: Lucca Contracting, Inc, v. Gold (NJ)
We affirm. The underlying litigation arises out of plaintiff's allegations of legal malpractice against defendant, Jeffery L. Gold, who represented plaintiff in a breach of contract case. In June 2010, plaintiff filed a complaint …
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January 23, 2015: Thorsnes Bartolotta McGuire, LLP v. Pointe San Diego Residential Community, LP (CA)
Pointe San Diego Residential Community, LP, Gosnell Builders Corporation of California, and Pointe SDMU, LP (collectively Pointe) hired the law firm of Thorsnes Bartolotta McGuire, LLP (TBM) on a contingency basis to assist in prosecuting a legal malpractice action…
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January 23, 2015: Jake Ball Trust v. Durst (NJ)
Summary judgment by Defendant Robinson & Cole, LLP ("R & C"). [Docket Item 88.] Plaintiffs in this action, Steven and Reuben Durst, allege legal malpractice against R & C stemming from representation of Matthew Durst and Reuben Durst as co-trustees of the Jake …
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January 23, 2015: Fahey v. Public Defenders Office of Erie County (PA)
To the extent that Plaintiff may be attempting to set forth either a legal malpractice or an ineffective assistance of counsel claim against any individual attorney in the Public Defender's Office, such claims are not proper § 1983 claims ..
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January 23, 2015: Gutierrez v. Girardi (CA)
McDermott, Will & Emery v. Superior Court (2000) 83 Cal.App.4th 378, 383-384 ["Generally, the filing of a legal malpractice action against one's attorney results in a waiver of the privilege, thus enabling the attorney to disclose, to the extent necessary to ...
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January 23, 2015: Mir v. Greines, Martin, Stein & Richland (CA)
Plaintiff filed a malpractice suit against I&S and three of its attorneys for their handling of plaintiff's litigation against the hospital, which litigation the Court hereinafter refers to as "Mir v. I&S." Id. ¶ 72. The defendants in Mir v. I&S cross-complained for unpaid legal ...
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January 23, 2015: Atmosphere Hospitality Management, LLC v. Curtullo (SD)
For both parties may retain one complete set of pleadings and papers filed with the Court or served upon the other parties to this action solely for reference in the event of—and only in the event of—further proceedings or litigation in this action, legal malpractice actions. ..
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January 23, 2015: Cuviello v. Feld Entertainment, Inc. (CA)
Murphy, Pearson specializes in the practice areas of professional liability defense and legal malpractice litigation. Everson Decl. ¶ 2, ECF 49; Karpinski Decl. ¶ 2, ECF 50. ... Mr, O'Connor states that Murphy Pearson is a well-known legal malpractice firm. O'Connor...
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January 23, 2015: David v. Signal International, LLC. (LA)
Testimony about the Standard of Care for Immigration Attorneys. In this action, Signal brings a cross-claim against Burnett for breach of fiduciary duty and legal malpractice. ... Notably, Plaintiffs do not bring a claim for legal malpractice against Burnett ..
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January 23, 2015: Essex Insurance Company v. Womick Law Firm (IL)
Womick Law Firm and Womick under a policy of professional liability insurance Essex issued to the Womick Law Firm and Womick for the allegations in the lawsuit which Beau McFarlin filed against the Womick Law Firm and Womick for alleged legal malpractice...
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January 16, 2015: Law 360
Chadbourne Pushes For Dismissal Of Ponzi Malpractice Suit...
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January 16, 2015: Idaho Mountain Express
Judge rules for Sun Valley in lawsuit...
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January 16, 2015: West Miami-Dade
Federal judge orders Miccosukee, their lawyer to pay more than $1 million to three attorneys...
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January 16, 2015: Jacksonville
Vidalia lawyer charged with forging clients' names, taking $500,000 malpractice settlement...
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January 16, 2015: Richmond Bizsense
Law firm, Farm Bureau square off against $14M state fair suit...
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January 15, 2015: Lexology
South Carolina expands malpractice claims against estate planners...
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January 15, 2015: Law 360
Firm Can't Get Full $34M Verdict In Malpractice Insurance Row...
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January 15, 2015: New Jersey Law Journal
Ex-Lawyer's Claim for Legal Fee Refund Spurs Coverage Fight...
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January 15, 2015: Law 360
Loss In Nike Air Jordan Patent Case Prompts Malpractice Suit...
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January 15, 2014: Law 360
Stroock Faces Malpractice Suit Over Ryan Reynolds Film Fight...
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January 14, 2015: Patentlyo
Federal Circuit Gives Malpractice Case New Hope by Remanding to State Court...
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January 14, 2015: JD Supra
Caution: Read (and understand) before signing…contributory negligence bars legal malpractice suit...
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January 14, 2015: Law 360
Asbestos Claimants Denied Class Cert In Malpractice Suit...
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January 14, 2015: Julia v. Cerato (PA)
The Complaint alleged two counts, one sounding in breach of contract, the other in legal malpractice, and requested damages in an amount equaling the sum of the Annuity, the IRA, and the inheritance taxes...
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January 14, 2015: Minnick v. Ennis (ID)
Had the IRS never raised the issue, and had the Minnicks prevailed on the other issues raised, Hawley Troxell's failure to obtain subordination could not have harmed the Minnicks and they would not have an actionable claim for legal malpractice against the firm for...
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January 15, 2014: Prker v. Asbestos Professing LLC (SC)
In the legal malpractice and breach of fiduciary duty action before this Court, Plaintiffs allege that Defendants failed to advise Plaintiffs to take steps to protect their potential workers' compensation claims against their employers...
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January 14, 2015: PR Web
Anderson, Hemmat & McQuinn Wins Suit Against Patric LeHouillier & Associates, PC for Legal Malpractice...
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January 14, 2015: The Legal Intelligencer
Collection Begins on Attorney Sanctioned $1M...
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January 14, 2015: Wisconsin Law Journal
On Ethics: Don’t get pricked...
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January 13, 2015: The Recorder
Suit Against Finnegan Could be Patent-Practice Game Changer...
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January 13, 2015: Daily Business Review
Akerman Settles FDIC Suit for $250,000 After Bank Failure...
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January 13, 2015: Forsyth News
Panel questions Cumming officials in councilman’s impeachment case...
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January 10, 2015: Madison Record
Millstadt woman seeks $5 million in legal malpractice claim against Belleville lawyers and firm...
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January 8, 2015: Law 360
NJ Appeals Court Frees Hill Wallack From Malpractice Suit...
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January 8, 2015: Torre v. Hill Wallace, LLP (NJ)
Because we have found that Torre's cause of action against defendants for legal malpractice had accrued by the time he signed the Hill Wallack settlement order, including the release, we conclude that the motion judge did not err in holding that the present action is...
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January 8, 2015: Potter v. Pierce (NM)
The Legal Malpractice Claim Involves the Same Cause of Action for Res Judicata Purposes as the Fee Claim Because Both Were Based on the Nature and Quality of Respondents' Legal Services During the Bankruptcy Representation...

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January 7, 2015: Koch v. Pechota (USDC)
Eurovid FKK, Helios Natura, Europa Docu-Search, sro, Eurovidfkk, sro appeal from the November 21, 2013 judgment of the United States District Court for the Southern District of New York (Sweet, J.) dismissing their complaint alleging legal malpractice...
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January 7, 2015: Denham v. Cease (WA)
Mr. Denham asserts four causes of action: (1) conspiracy to deprive him of the right to appeal, (2) legal malpractice, (3) breach of fiduciary duty and (4) fraud and intentional infliction of emotional distress...
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January 6, 2015: Abraham v. Viruet (NY)
Giving due deference to the trial court's findings of fact and credibility, we sustain the judgment awarded in favor of defendant dismissing plaintiff's action insofar as it sounds in legal malpractice. Plaintiff's trial showing, unaccompanied...

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January 6, 2015: Morrison v. Myers (NC)
He also maintains that his custody pending sentencing amounted to false imprisonment and violated his "right to a speedy trial and sentencing." (Id.) In addition, he appears to assert a claim of legal malpractice against defendant Currin for submitting a brief ...
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January 6, 2015: Specht v. US Dist. Court (OH)
The legal question is simple: Whether Plaintiffs' failure to timely file the United States Estate (and Generation-Skipping Transfer) Tax Return and to timely pay the ... That deception eventually led to malpractice claims and the voluntary relinquishment of Ms. Backsman's ...
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January 6, 2015: Fogle v. Gonzales (USDCA)
He remained there from 2000 to 2003. Since that time, Mr. Fogle has brought numerous suits and petitions, including claims under 42 USC § 1983, [2] petitions for post-conviction relief under 18 USC § 2254, [3] and a legal malpractice claim. [4] …
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January 6, 2015: Murdock v. Legal Aid Society (NY)
The Court also liberally construes the Complaint to assert legal malpractice claims under state law against Plaintiff's former attorneys. … Plaintiff's claims are DISMISSED WITH PREJUDICE. VI. Legal Malpractice Claim …
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January 6, 2015: Guarino v. Allstate Property and Casualty Insurance Company (CT)
Limitations expired. Id., 752. Thereafter, the claimant received a $656,581 payment in settlement of a legal malpractice action she brought against the law firm representing her in the dismissed action. Id., 753. In the arbitration …
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January 6, 2014: Hiett v. Long Dist. Court (AL)
Plaintiff Tony Lyle Hiett ("Hiett" or "Plaintiff") brings state law claims of legal malpractice, negligence/wantonness, and breach of contract against Attorney Craig A. Long and/or Craig Long, LLC …
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January 6, 2015: Joao Control & Monitoring Systems, LLC v. Olivo (NJ)
The Third-Party Complaint at issue evolves from a Complaint filed by Plaintiffs on July 25, 2013, alleging legal malpractice against the Olivo Defendants. Am. … Id. ¶ 96. Consequently, on July 22, 2012, Plaintiffs brought a legal malpractice action against the Olivo …
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January 2, 2015: Copeland v. Cooper
John Copeland appeals the trial court's award of damages to Teresa Ward Cooper on her suit against Copeland alleging violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), fraud, legal malpractice, and "breach of duty and/or breach…
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January 2, 2015: White v. Kennedy (CA)
The underlying nature of Plaintiff's complaint concerns a 2012 failed legal malpractice suit against Defendant Tamela Kennedy and the Scranton Law Firm for failure to adequately litigate his case against Defendant Johnathan Ruskovish for a 2005 car accident…
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January 2, 2015: Law 360
Legal Malpractice Cases To Watch In 2015…
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January 5, 2015: JD Supra
Illinois Supreme Court Debates Applicability of Innocent Insured Doctrine…
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See Previous Professional Liability 2014 Legal Cases


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