Attorney Malpractice

News & Analysis as of

District Court Declines To Consolidate Disputes Arising Out Of Two Reinsurance Contracts

Plaintiff Georgia Casualty & Surety Company entered into two reinsurance contracts with Defendant Excalibur Reinsurance Corporation, formerly known as PMA Capital Insurance Company. Both reinsurance contracts contained...more

Insurance Recovery Law - Mar 13, 2014

Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials: Why it matters - These cases confirm that insurers cannot hide claims-handling and similar...more

Ninth Circuit Upholds $5K Sanctions Award Against Attorney Based On Factual Misrepresentations In Trade Secrets Dispute

Earlier this week, the Ninth Circuit approved a district court order from the Northern District of California imposing $5,000 in sanctions against a plaintiff’s attorney for factual misrepresentations made in an underlying...more

The New York Court of Appeals Vacates its Decision and Rejects “Coverage by Estoppel”

The New York Court of Appeals rarely hears reargument of its decisions, let alone reverses itself. On February 18, 2014, the Court of Appeals did just that....more

In K2 Investment, NY high court reverses itself, confirms well-established case law

The New York Court of Appeals, in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company, 2014 WL 590662 (N.Y.), 2014 N.Y. Slip Op. 01102 (N.Y. Feb. 18, 2014), has vacated its own prior decision,...more

New York High Court Reverses Course; Allows Carriers to Rely on Policy Exclusions Where Duty to Defend was Breached

K2 Investment Group, LLC. v. American Guarantee & Liability Ins. Co., No. 6, 2014 N.Y. LEXIS 201 (N.Y. Ct. of App. Feb. 18, 2014). In 2013, the New York Court of Appeals affirmed an order granting summary judgment to a...more

Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S....more

IP: Hidden Traps: Introduction to Subject Matter Conflicts in Patent Prosecution

Clearly, client-driven litigation and malpractice complaints against patent practitioners are not decreasing any time soon. During the investigation surrounding the suit or complaint, the actions or inactions of the patent...more

Financial Advisory Update

Novel theories by plaintiffs’ lawyers need to foster novel approaches by M&A lawyers. A number of recent cases highlight the increasing risks for financial advisors and the lawyers who represent them. Financial...more

Weekly Law Resume - Torts – Conflict Representing Client’s Employee at Deposition

Michael Yanez v. Brian Plummer - California Court of Appeal, Third Appellate District (November 5, 2013)- After a defendant’s employee was fired for providing deposition testimony different from statements provided...more

The Potential Pitfalls of Joint Representation

A recent California Court of Appeal opinion, Yanez v. Plummer, provides a cautionary tale for in-house counsel or outside attorneys who jointly represent their institutional client’s employees or agents in depositions. If...more

Washington Bars Insurers from Maintaining Legal Malpractice Suit Against Policyholder Defense Counsel

In Stewart Title Guar. Co. v. Sterling Savings Bank, et al., Wash. No. 87087-0 (October 3, 2013), the Washington Supreme Court held that a nonclient insurer may not pursue a malpractice claim against appointed defense counsel...more

Illinois Supreme Court to Decide Whether Interest and Fees are Available on Legal Malpractice Claim

Our previews of the latest additions to the Illinois Supreme Court’s civil docket continue with Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman, a case from the First District Appellate Court. Goldfine poses a number...more

Employer’s Lawyer Who Defended Employee At Deposition May Be Liable To The Employee For Malpractice

Corporations may have free speech rights (Citizens United v. FEC, 558 U.S. 310 (U.S. 2010)) but they can’t talk. Thus, any deposition testimony must come from the mouths of people who are the agents, employees and directors...more

Accountant And Attorney Liability Newsbrief - Fall 2013

In This issue: - First Circuit Rejects Scapegoating and Diversionary Tactics by Plaintiff’s Counsel - Doing Wellness Right - Federal Judge Rules Law Firm Not Liable Under Chapter 93A - In Massachusetts, Employers...more

Malpractice Claim Against DLA Piper Reversed

In Wise v. DLA Piper LLP (D062150, D062661 Oct. 8, 2013), the Fourth Appellate District, Division One reversed a malpractice judgment following a jury verdict against the law firm DLA Piper LLP. Justice Alex C. McDonald...more

Insurance Recovery Law -- Oct 18, 2013

New York Court Rules That Conflict Between Exclusion and Grant of Coverage Created Ambiguity in Exclusion Requiring Trial - Why it matters: In a coverage dispute arising out of the Madoff debacle, a financial bond...more

Supreme Court of Washington Holds Carrier Cannot Sue Defense Counsel

In its recent decision in Stewart Title Guar. Co. v. Sterling Sav. Bank, 2013 Wash. LEXIS 769 (Wash. Oct. 3, 2013), the Supreme Court of Washington had occasion to consider whether an insurer can pursue a malpractice action...more

Insurance Recovery Law - Aug 20, 2013

Win Some, Learn From Another - The cases discussed in this week’s edition of the newsletter present some wins for policyholders as well as some lessons. First, the California Supreme Court ruled that insureds...more

New York’s Lichtenstein Decision Highlights Conflicts of a Carve-Out Guarantor

The recent New York case of Lichtenstein v. Willkie Farr addresses a borrower's conflict caused, in part, by a loan covenant. The covenant invoked personal liability of the members in the event the entity files a voluntary...more

Five Ways to Invite (and Avoid) a Malpractice Lawsuit

A recent headline in another leading legal publication asserted: "Malpractice claims are on the rise." As most lawyers know, it is not hard for even legally-aware professionals like themselves to be the defendants in a...more

Bar Grievance? Malpractice Claim? 8 Actions to Help Weather the Storm

A grievance letter from the State Bar or the receipt of a lawsuit from a former client can be an unsettling experience for any attorney. After taking a deep breath and remaining calm, remember that we’re living in a litigious...more

Gunn v. Minton: The Supreme Court's Correction of the Federal Circuit's Overly Broad Assertion of Jurisdiction Over State-Law...

For nearly two decades, the Federal Circuit has applied a lenient standard for federal jurisdiction that routinely sweeps state law claims into the exclusive jurisdiction of the federal courts merely because the claims...more

First-in-the-Nation Decision Upholds the Attorney-Client Privilege for Law Firms, Emphasizing the Important Role of Their In-House...

What you need to know: The highest court in Massachusetts has upheld the attorney-client privilege for in-house counsel in law firms. This is the first such decision in the nation....more

Polsinelli Podcast - Avoiding Professional Liability [Video]

Professional Liability claims are on the rise. Inside Law speaks to Denver Shareholder Stacy Carpenter from Polsinelli about what professionals can do to minimize these kinds of claims. For more information contact Public...more

47 Results
|
View per page
Page: of 2