Professional Malpractice, Commercial Law & Contracts, Business Torts

Claims For Legal Malpractice Aren't Assignable In North Carolina

by Mack Sperling | Brooks Pierce on 5/9/2013

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more

Appellate Notes: Week of February 18

by Edward McCreery III | Pullman & Comley, LLC on 2/22/2013

In This Issue: - AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co. - AC33614 - Dorreman v. Johnson - AC34253 - Klemonski v. University of Connecticut Health Center ...more

Fifth Circuit Rejects Insured’s Efforts to Secure Independent Counsel

by Alicia Curran, Gregory Hudson | Cozen O'Connor on 11/6/2012

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more

Block Billing by Law Firms Costs Clients Millions in Just Three Lawsuits

by Grant Stiefel on 9/10/2012

In August 2012, three different courts issued rulings which hold that vague, block billed time entries—which have long been the bread-and-butter of most law firms—just aren't a very accurate or reliable reflection of how much...more

New York Court Addresses Impact of Allowing Insured to Default

by Traub Lieberman Straus & Shrewsberry LLP on 1/13/2012

The recent decision by New York’s Appellate Division, First Department, in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 2012 N.Y. App. Div. LEXIS 16 (Jan. 3, 2012) illustrates the dangers under New...more

Scullion -v- Bank of Scotland t a Colleys August 2011

by Stuart Miller on 8/3/2011

Miller Rosenfalck represented the Claimant Emmet Thomas Scullion in an Appeal made by Bank of Scotland Plc (trading as Colleys) which was heard by the Court of Appeal on 23 May 2011. Judgment was handed down by The Court of...more

Oasis West Realty, LLC v. Goldman: Duties of Loyalty and Confidentiality Trump Free Speech and Petition Rights

by Sedgwick LLP on 6/13/2011

The California Supreme Court has taken a firm position as to when a lawyer may oppose a client on a matter on which the attorney has worked, and the position is “virtually never”. The Court issued its opinion in Oasis West...more

"Hybrid" Fee Agreements for Business Litigation

by Barry P. Goldberg, A Professional Law... on 6/11/2011

"Increased milaeage" agreement allows the attorney and client to go those extra miles to obtain a great result. More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency...more

COMMENTS ABOUT SEC V. THOR INDUSTRIES: THE ALLEGATIONS AND THE REMEDIES DAVID TATE ESQ 06092011

by David Tate on 6/9/2011

A summary and discussion about SEC v. Thor Industries, including the allegations, the remedies, who did or did not do what, and improvements that could be made by the SEC and in governance and risk....more

Case Study: Oasis West Realty V. Goldman

by Snell & Wilmer L.L.P. on 5/23/2011

On May 16, the California Supreme Court handed down a decision holding that an attorney may violate his duty of loyalty by publicly opposing a development project that he at one time had been engaged to promote. Oasis West...more

California Supreme Court Refuses to Create Exception to Mediation Privilege, Prohibiting Disclosure of Attorney Communications in...

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/10/2011

The California Supreme Court recently held in Cassel v. Superior Court, 51 Cal. 4th 113 (2011), that California’s statutory mediation privilege prevents the disclosure of private communications between an attorney and...more

Professional Negligence for Realtors - A Rising Tide?

by Franco Tarulli on 5/6/2011

With the recent decision of the Ontario Court of Appeal in Krawchuk v. Scherbak, it is becoming clear that the Courts are holding real estate professionals to a higher standard, given the reliance their clients place on their...more

Business, Interrupted - How should losses be assessed?

by Michael Axe on 12/13/2010

In this article, Michael Axe looks at some of the arguments on quantum that can be put forward by both Claimants and Defendants in Business Interruption claims. Business interruption claims can arise in a wide variety of...more

No Chance - Court of Appeal rules not to extend 'loss of chance' to commercial valuations

by Michael Axe on 12/13/2010

In this article, we look at how the courts assess damages in 'loss of chance' cases. Michael Axe also reports on the English Court of Appeal's recent warning regarding the dangers of applying these principles to commercial...more

Cause and effect - establishing the true cause of damage in professional negligence claims

by Michael Axe on 7/2/2010

In professional negligence claims, proving that the professional was negligent is only half the battle. In this article, Michael Axe looks at how it is not always a straightforward matter to prove that the negligence was the...more

Failing to Coordinate in Design-Bid-Build Project Costly Mistake

by Melissa Dewey Brumback on 2/9/2010

New North Carolina case hits architecture firm for failing to coordinate in Design-Bid-Build construction project....more

Exceptions to the Economic Loss Rule in North Carolina

by Melissa Dewey Brumback on 2/1/2010

When a construction project goes awry, who can you sue, and what theories are available to you? If you have a contract, you may not be able to sue under a negligence or "tort" theory because of the application of the...more