News & Analysis as of

Attorney Malpractice Attorney's Fees

Trial Court's Error In Underlying Case Was Superseding Cause Of Plaintiffs' Claimed Damages

by Hinshaw & Culbertson LLP on

Whether the trial court erred in the underlying litigation is always an important part of the proximate (or "but for") causation analysis. Stanfield v. Neubaum, 2016 WL 3536865 (Tex. June 24, 2016) is yet another case that...more

The Punishing Effect of Rule 11

by Wilson Elser on

Federal courts correct bad litigation behavior, eventually. People take being sued personally, and lawsuits can take an emotional toll on defendants, whether as an individual or as a representative of an employer. Anger...more

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

by Wilson Elser on

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?

by Hinshaw & Culbertson LLP on

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

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics...

In Law v. Wells Fargo Bank, N.A. (2015 S.O.S. 13–56099 – filed August 27, 2015), the Ninth Circuit joined the shortlist of Circuit Courts to hold that sanctions for bad-faith litigation tactics under 28 U.S.C. section 1927...more

CA Supreme Court Expands Scope of Lawyers’ Statute of Limitations to Non-Legal Malpractice Claims – Confusion Predicted for Law...

In Lee v. Hanley (S220775 – Filed 8/20/2015), the California Supreme Court clarified the meaning of Code of Civil Procedure section 340.6 by holding that its limitations period applies to claims against attorneys “whose...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

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

by Nexsen Pruet, PLLC on

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

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