Professional Malpractice Civil Procedure

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Seventh Circuit Clarifies That Lawyers Can Appeal Nonmonetary Sanctions

Imagine that, at the end of a case, the judge decides to impose sanctions on you for the way in which you have handled discovery, or done something at trial. In the order requiring you and your client to pay your opponent...more

New Jersey Expands Fee-Shifting in Legal Malpractice Actions to Include Non-clients

On April 26, 2016, a sharply divided New Jersey Supreme Court held that attorneys may be liable for counsel fees if they are found to have intentionally breached their fiduciary duty to non-clients. In the matter of Innes v....more

Is the American Rule Dead in New Jersey?

Ok, so maybe "dead" is a bit hyperbolic, but the New Jersey Supreme Court's decision in Innes v. Marzano-Lesnevich, No. 074291, ___ N.J. _____ (N.J. Apr. 26, 2016) has raised serious questions about just how far the New...more

Education malpractice and student litigation: Achieving early dismissal

This post is the third in our three-part series on recent legal authority addressing the educational malpractice doctrine. As we noted in prior posts, we are examining this authority through the lens of “lessons learned,” and...more

Education malpractice and student litigation: How to assess claims

This post is the second in our three-part series on recent legal authority addressing the educational malpractice doctrine. We are examining this authority through the lens of “lessons learned,” and discussing methods for...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner,...more

Capturing Flagg: Fifth Circuit, En Banc, Holds that Failure to Complete Pre-suit Medical Board Review Renders Med Mal Defendants...

We previously wrote about the Fifth Circuit’s panel decision and the defendants’ petition for rehearing en banc in this case. As we reported earlier, the issue is whether a non-diverse defendant is improperly joined by...more

Statute of Limitations — Protected Information in Florida Medical Malpractice

Recently, the Second District Court of Appeals decided the case of Gina Marie Bove, as Personal Representative of the Estate of Anthony Bove, deceased v Naples HMA, LLC d/b/a Physicians Regional Medical Center-Pine Ridge;...more

LSREF III Wight Ltd v Gateley LLP [2016] EWCA Civ 359

The Court of Appeal has handed down judgment in LSREF III Wight Ltd v. Gateley LLP [2016] EWCA Civ 359, a case which concerned what, if any damages had been caused by solicitors' negligence and whether the claimant had failed...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Colorado Supreme Court Upholds the "Strict Privity Rule" When Interpreting Attorney-Client Relationship

Baker v. Wood, Ris & Hames, Professional Corporation, 364 P. 3d 872 (January 16, 2016) - Brief Summary - Colorado Supreme Court, en banc, analyzed whether dissatisfied beneficiaries of a testator-client's estate...more

Health Alert (Australia) - April 11, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 6 April 2016 - Fan v South Eastern Sydney Local Health District [2016] NSWCA 64 Mr Fan...more

Health Alert (Australia) - April 4, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 22 March 2016 - De Bruyn v Victorian Institute of Forensic Mental Health [2016] VSC 111 The...more

To Establish Conflict of Interest, Former Client Need Only Show Attorney May Have Obtained Confidential Information During Prior...

The Court of Appeal for the Fourth Appellate District in Costello v. Buckley (3/16/2016 - Case No. D068536) affirmed the trial court’s disqualification of defendant’s counsel where he had previously represented plaintiff in...more

Texas Court Holds That Law Firm is Immune From Liability to Claims by Non-Client

Highland Capital Management, LP v. Looper Reed & McGraw, P.C., 2016 WL 164528 (Tex. App. Jan. 14, 2016) Brief Summary - The Texas Court of Appeals held that the doctrine of attorney immunity barred an employer's...more

Insurance Recovery Law - March 2016

High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more

California Court Reluctantly Vacates Dismissal of Legal Malpractice Action

Younessi v. Woolf (Cal. Ct. App. Feb. 16, 2016) - Brief Summary - The California Court of Appeal, Fourth District, reluctantly affirmed an order vacating the dismissal of an attorney malpractice action where...more

Health Alert (Australia) - March 14, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 10 March 2016 - Jener Daluz v John McMahon [2016] NSWSC 2021 - The second defendant, South...more

Business Litigation Reporter - February 2016

Confidentiality Agreement Must be Expressly Preserved in New Employment Agreement. The decision in Meschino v. Frazier Industrial Co., 2015 WL 7295463, at *1 (D. Mass. Nov. 18, 2015) (Stearns, J.), underscores that an...more

Court Rules In Favor Of An Attorney Regarding Claims Arising From A Conflict of Interest

In Fitts v. Richards-Smith, three brothers were riding in a car when the car hit another vehicle properly stopped in the road. 2016 Tex. App. LEXIS 1542 (Tex. App.—Texarkana February 17, 2016, no pet. history). The driver was...more

Relief From Dismissal Under Mandatory “Attorney-Fault” Provision of CCP 473(b) Granted Despite Absence of Evidence that Attorney’s...

In Younessi v. Woolf (No. G051034 – filed February 16, 2016), Division Three of the Fourth Appellate District reluctantly affirmed the trial court’s order vacating dismissal of a legal malpractice case. Although the trial...more

Biting The Hand That Fed Them – And Winning

Choice of law is frequently a prominent – and sometimes a pivotal – factor in a court’s analysis of whether to grant or deny certification of a nationwide or multi-state class. Whether a federal court may apply one...more

Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust

On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar...more

Professional Regulation and Ungovernability

Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability - Earlier this year, the Alberta Court of Appeal...more

Consequences of reducing value of a claim to pay a reduced court fee – held an abuse of process

In Lewis and others v Ward Hadaway (A Firm) [2015] EWHC 3503 (Ch) the High Court has reminded parties to litigation that where a claimant party is found to have deliberately sought to avoid paying the correct court fee...more

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