Attorney Malpractice

Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

by Paul D. Swanson | Lane Powell PC - Intellectual Property Law &... on 3/5/2013

As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience....more

Fifth Circuit Holds Direct Action Barred By Insured’s Untimely Claim Reporting

by Traub Lieberman Straus & Shrewsberry LLP on 3/1/2013

In its recent decision in First Am. Title Ins. Co. v. Cont'l Cas. Co., 2013 U.S. App. LEXIS 4153 (5th Cir. Feb. 28, 2013), the United States Court of Appeals, applying Louisiana law, had occasion to consider whether an...more

IP Update, Vol. 16, No. 2, -- February 2013

by Evan Boetticher, Christopher Bright, Sarah Bro, Bernard Codd, Gabriel Daniel, Melissa Nott Davis, Paul Devinsky, Daniel Foster, D. Jeremy Harrison, Charles Hawkins, Sungyong “David” In, more +Christopher M. Koepke, John Low, Jennifer Mikulina, Sarika Singh, Rose S. Whelan | McDermott Will & Emery on 2/28/2013

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the Place...more

Supreme Court Holds a Gunn to Exclusive Federal Court Jurisdiction Over Patent Malpractice Claims

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 2/28/2013

In Gunn v. Minton, the Supreme Court held that federal courts do not have exclusive jurisdiction over patent malpractice claims. Under 28 USC § 1338(a), federal courts have exclusive jurisdiction over cases “arising under any...more

Clear as mud? Understanding your ethical duties as a “dirt” lawyer

by Margaret Burnham | Nexsen Pruet, PLLC on 2/25/2013

1. Do you “reply to all” on emails? Should you? With the ease of email communications, thought needs to be given before you respond to an email and hit “reply to all.” With traditional correspondence by mail to opposing...more

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

by Paul Devinsky, Christopher M. Koepke | McDermott Will & Emery on 2/25/2013

The Supreme Court of the United States, in Gunn v. Minton, determined that a Texas state court had jurisdiction over a legal malpractice claim, even though resolving the claim required the state court to address an issue of...more

Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State...

by Michael R. Samardzija, Ph.D., Mike Sellers, Dale Wainwright | Bracewell & Giuliani LLP on 2/25/2013

On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be...more

What if I commit malpractice?

by Law Business Mentors on 2/25/2013

Well, you might. That’s a risk for even experienced attorneys, but yes, new attorneys are more prone to it so make sure you have good legal malpractice insurance before you serve your first client....more

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

by Foley & Lardner LLP on 2/22/2013

In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

by Monte Cooper, Elizabeth Howard, Scott Lonardo | Orrick, Herrington & Sutcliffe LLP on 2/22/2013

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Gunn v. Minton (2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/21/2013

A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

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Federal Circuit Review - Volume 3 | Issue 3 March 2013

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

Fifth Circuit Holds Direct Action Barred By Insured’s Untimely Claim Reporting

IP Update, Vol. 16, No. 2, -- February 2013

Supreme Court Holds a Gunn to Exclusive Federal Court Jurisdiction Over Patent Malpractice Claims

Clear as mud? Understanding your ethical duties as a “dirt” lawyer

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State...

What if I commit malpractice?

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

Gunn v. Minton (2013)

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

Terrorizing Patent Practitioners: Highlights from Oral Argument at the Supreme Court for Gunn v. Minton

New York Court Enforces Legal Malpractice Policy’s Business Pursuit and Business Enterprise Exclusions

Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton

Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support

Res Judicata Part II: Always Read What the Order Says (and Doesn't Say)

A Motion in Limine Strikes Again

Collectibility in Legal Malpractice Suits – A Required Element in Proving Damages: Schmidt v. Coogan

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