News & Analysis as of

Attorney Malpractice Damages

Hinshaw & Culbertson - Lawyers for the...

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more

Goulston & Storrs PC

Massachusetts Court Allows Dueling Expert Testimony on Differing Theories of the Timing for the Valuation of Legal Malpractice...

Goulston & Storrs PC on

The Superior Court recently ruled that a plaintiff in a legal malpractice action seeking recovery for damages resulting from his loss of corporate stock may introduce at trial expert testimony concerning the valuation of that...more

Adler Pollock & Sheehan P.C.

“This is your ‘Perry Mason’ moment,” a Cautionary Tale on Inadvertent Disclosures

At the climax of one of the most watched trials that took place in 2022, conspiracy theorist and media personality Alex Jones breathed life into the infamous fictional lawyer once more on August 3, 2022 when confronted with...more

Fox Rothschild LLP

Business Court Finds that Alleged Lack of Diligence by Law Firm Had No Impact on Large Trial Court Loss

Fox Rothschild LLP on

Facing a $12.8 million judgment, a plaintiff sought recourse in a legal malpractice claim against his trial counsel for its alleged role in that unhappy result. But his undoing was the Business Court’s focus on whether he...more

Epstein Becker & Green

An Outlier No More?: New Jersey Supreme Court Considers Overturning “New Business Rule”

On April 26, 2022 the Supreme Court of New Jersey heard arguments about whether New Jersey should retain the judicially created “new business rule”. Since 1936 the rule has held that in the context of calculating damages...more

Hinshaw & Culbertson - Lawyers for the...

Seventh Circuit Affirms Dismissal of Legal Malpractice Action For Lack of Proximate Cause

UFT Commercial Finance, LLC v. Fisher, No. 20-2012 (7th Cir., March 23, 2021) - Brief Summary - The Seventh Circuit affirmed the dismissal of a legal malpractice action filed by UFT Commercial Finance, LLC against the...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice

Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.). Brief Summary - After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more

Maynard Nexsen

Legal Malpractice – a Cautionary Carol

Maynard Nexsen on

Sometime prior to 2009, a lawyer closed his law practice in South Carolina and moved to another state. Unfortunately, his ghost remains in South Carolina, providing cautionary tales this Christmas season for all lawyers....more

Maynard Nexsen

SC Supreme Court extends Statute of Limitations in Lawyer Malpractice - Precedent reversed & hybrid rule adopted

Maynard Nexsen on

The South Carolina Supreme Court, in the case of Stokes-Craven Holding Corp. v. Robinson, Op. No. 27572 (S.C.Sup.Ct. filed May 25, 2016)(Shearouse Adv.Sh. No. 21 at 17), reversed precedent and adopted a hybrid rule for the...more

Hinshaw & Culbertson LLP

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

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

Winstead PC

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

Winstead PC on

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

Seyfarth Shaw LLP

Getting Your Money Back: New Jersey Employers Can Disgorge A Disloyal Employee’s Salary

Seyfarth Shaw LLP on

In a recent ruling, the New Jersey Supreme Court gave employers a great recourse for dealing with former employees who breach their duty of loyalty. In Bruce Kaye v. Alan P. Rosefielde, the Court allowed an employer to...more

Cozen O'Connor

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

Cozen O'Connor on

In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to...more

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