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Absolute Litigation Privilege Bars Claims Stemming From Communications Related to Litigation

Michael Qualizza v. Neil D. Freeman, et al., 2024 IL App (1st) 231534-U (July 26, 2024) - Brief Summary - The First District Appellate Court in Illinois reaffirmed the broad scope of the absolute litigation privilege in...more

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more

A Defense Win in Texas on the Issue of "But For" Proximate Causation in a Legal Malpractice Case

Forshee v. Moulton, 2024 Tex. App. LEXIS 2520 (Houston [14th Dist.] April 11, 2024) - Brief Summary - The Texas Court of Appeals held that when a plaintiff's claim against her former attorney properly is grounded in...more

Illinois Appellate Court Affirms Default Judgment Against Attorney After He Repeatedly Fabricated Expert Witness Disclosures "From...

Iavor Stoyanov v. Himont Law Group, Ltd., et al., 2024 IL App (1st) 221434-U (April 15, 2024) - Brief Summary - The First District Appellate Court in Illinois held that the trial court (Judge Patrick J. Sherlock) was correct...more

Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim

James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged...more

Deciphering Forum Non-Conveniens: Global Law Firm Headquarters’ Location Deemed a Convenient Forum

Lehram Capital Investments, Ltd., et al. v. Baker & McKenzie International, et al., 2024 IL App (1st) 230095 (Feb. 14, 2024) - Brief Summary Plaintiffs Lehram Capital Investments (“Lehram”) and Daniel Rodriguez (“Rodriguez”)...more

Florida Bar Advisory Opinion 24-1 Gives Green Light to Generative AI Use by Lawyers – With Four Ethical Caveats

Brief Summary - The Florida Bar has concluded that a lawyer may utilize generative artificial intelligence (AI) so long as the lawyer can reasonably guarantee compliance with the lawyer's ethical obligations....more

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the...more

Continuous Representation Rule Does Not Extend the Statute of Limitations in Legal Malpractice Claims

Davis, et. al. v. Hayes Hofler, P.A., 2024 N.C. App. LEXIS 11 (Ct. App. January 2, 2024) - Brief Summary - The North Carolina Court of Appeals aligned itself with the minority view by holding that the continuous...more

Florida Appellate Court Invalidates Arbitration Provision in Fee Agreement for Violating Florida Bar Rules

Labelle v. Berenson LLP, 2023 Fla. App. LEXIS 8693 - Brief Summary - In a legal malpractice action arising out of an underlying commercial dispute, Florida's Third District Court of Appeal reversed and remanded a trial...more

Fraudulent Concealment and/or Equitable Estoppel Tolled the Statute of Repose in a Legal Malpractice Claim

Brief Summary - The plaintiff, Comprehensive Marketing, Inc. ("plaintiff"), filed a lawsuit against its former attorneys ("defendants") for legal malpractice related to legal advice the defendants provided regarding opt-out...more

Illinois Appellate Court Confirms That the Statute of Limitations Commences Once the Plaintiff Has Sufficient Evidence to Know of...

Brief Summary - Plaintiff, Nancy Malek (plaintiff), filed a complaint against her now ex-husband’s counsel, Chuhak & Tecson, P.C. (defendant or C&T), alleging that the defendant aided and abetted a fraudulent transfer of...more

Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim

Brief Summary - The United States District Court for the District of Massachusetts held that the insured failed to comply with the notice provisions of a claims-made policy. Whether the insurer had actual notice of the...more

Different Outcomes for Two Law Firms in Legal Malpractice Case Confirm That Lawyers Representing Estate Administrator Do Not Owe a...

Brief Summary - The United States District Court for the Northern District of Illinois held that a law firm representing the administrator in estate proceedings did not owe a duty to a beneficiary of the estate, and the...more

New York Federal Judge Declines to Reconsider Decision That Continuous Representation Doctrine Does Not Toll Statute of...

A federal judge for the Southern District of New York declined to reconsider his dismissal of Link Motion's legal malpractice suit against DLA Piper, finding that its motion inappropriately relitigated issues already decided...more

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

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

Absolute Litigation Privilege Bars Claim for Intentional Infliction of Emotional Distress Even Where Conduct is Unreasonable

During the divorce proceedings of Stacy and Dru Goodman, Stacy discovered that Dru had hired investigators to surveil her for over three years. After the conclusion of divorce proceedings, Stacy filed suit against Dru...more

Law Firm Exonerated Because an Unforeseen Change in a Party's Testimony was the Superseding Cause of the Claimed Malpractice...

A defendant law firm was sued for legal malpractice after failing to obtain summary adjudication of a tortious interference claim against the former client and one of its brokers. The client later had to settle the case when...more

New York Lawyer Who Cited Non-Existent Cases Generated by ChatGPT Now Faces Sanctions Hearing

New York Lawyer Who Cited Non-Existent Cases Generated by ChatGPT Now Faces Sanctions Hearing - Brief Summary- Faced with what it called an "unprecedented circumstance," a federal district court in New York (Judge P....more

Federal District Court Holds That Engagement Letter Limited Scope of Law Firm's Duties

The United States District Court for the Northern District of Illinois, Eastern Division, granted defendant law firm's motion to dismiss the complaint filed by plaintiff—Today's Growth Consultant Inc.—a former client of the...more

New Jersey Appellate Court Affirms Summary Judgment in Favor of Malpractice Defendants Due to Plaintiff's Failure to Establish...

The Superior Court of New Jersey Appellate Division affirmed a trial court's order granting summary judgment in favor of the defendant attorneys and law firm, ruling that plaintiff had failed to establish that defendants owed...more

Illinois Appellate Court Affirms That Attorney Representing a Closely Held Business Does Not Owe a Duty to its Managing Member

An appellate court in Illinois declined to expand the scope of the third-party beneficiary theory espoused in Pelham v. Griesheimer, 92 Ill.2d 13 (1982) and affirmed summary judgment in favor of the law firm and its partners....more

Appellate Court Affirms $700,000 Judgment Against Lawyer in Malpractice Action, in Part, Because Defendant Failed to File...

Brief Summary - An intermediate appellate court in Illinois held that defendant forfeited appellate review of expert testimony admitted at trial because he failed to file a post-trial motion on the issue. However, the...more

Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and...

Baum v. Becker & Poliakoff, P.A., 47 Fla. L. Weekly D2374 (Fla. 5th DCA November 18, 2022) - Plaintiff sued her attorneys for malpractice, arguing that they failed to correct her previous attorneys' mistakes in order to...more

California Court Affirms Ethical and Statutory Obligation to Warn Opposing Counsel of Intent to Seek Default

Brief Summary - In an unlawful detainer action, the plaintiff obtained a default judgment against the defendant by intentionally not serving the complaint and summons on the defendant's counsel or its registered agent....more

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