News & Analysis as of

Expert Testimony Attorney Malpractice

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

Hinshaw & Culbertson - Lawyers for the...

New Jersey Appellate Court Affirms Summary Judgment in Favor of Malpractice Defendants Due to Plaintiff's Failure to Establish...

The Superior Court of New Jersey Appellate Division affirmed a trial court's order granting summary judgment in favor of the defendant attorneys and law firm, ruling that plaintiff had failed to establish that defendants owed...more

Esquire Deposition Solutions, LLC

Deposition Cross-Examination of Expert Leads Court to Dismiss Malpractice Claim

We recently wrote on strategies for effectively cross-examining expert witnesses, noting that litigators can make good use of deposition time by exploring in detail the facts supporting the expert’s opinion. While it is...more

Hinshaw & Culbertson - Lawyers for the...

Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law

On October 7, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of defendant law firm. The court held the attorneys owed no duty to advise the client to cease an activity...more

Hinshaw & Culbertson - Lawyers for the...

Florida Appellate Court Reduces Legal Malpractice Verdict From $5M to $250K Because Plaintiff Failed to Prove Underlying Judgment...

After a Florida law firm and one of its attorneys (defendants) were hit with a $5 million jury verdict in a case arising out of an underlying medical malpractice action, they—along with the firm's insurer—appealed. Because...more

Hinshaw & Culbertson - Lawyers for the...

Expert Testimony Sufficient to Defeat Summary Judgment Motion in Settle and Sue Case

Webb v. Ellis, 2020 Tex. App. LEXIS 3527 (2020) - Brief Summary - A Texas appellate court reversed the trial court's grant of summary judgment in defendants' favor on plaintiffs' legal malpractice claim—which was based on...more

Hinshaw & Culbertson - Lawyers for the...

Defendants Entitled to Summary Judgment on Lack of Proximate Causation Because Plaintiffs' Expert Opinions were Conclusory

Summary judgment entered in the attorney defendant's favor on grounds of lack of causation in a legal malpractice case was upheld by a Texas court of appeal where plaintiffs' expert's opinions regarding proximate cause were...more

Hinshaw & Culbertson - Lawyers for the...

Ninth Circuit Affirms Summary Judgment for Defendants Based on Plaintiffs' Failure to Present Expert Testimony

Plaintiffs appealed the district court's order granting summary judgment in favor of defendants on plaintiffs' legal malpractice and breach of fiduciary duty claims. Plaintiffs alleged that defendants were negligent in...more

Hinshaw & Culbertson - Lawyers for the...

Alabama Civil Appeals Court Holds Error in Judgment Rule Requires Expert Testimony to Establish Standard of Care

Schaeffer v. Thompson, Ala. Cov. App. LEXIS 25 (2020) - Brief Summary - The Alabama Civil Court of Appeals reversed a trial court's grant of summary judgment in favor of defendant on plaintiffs' legal malpractice claims,...more

Hinshaw & Culbertson LLP

Advocacy Statements Made by Attorney Cannot Later Be Used as Admissions in Legal Malpractice Action

Power Control Devices, Inc. v. Lerner, 2019 Kan. App. LEXIS 5 (Ct. App. Jan. 25, 2019) - Brief Summary - An attorney's statements in the course of representing a client are not admissions and cannot be used as such...more

Goulston & Storrs PC

Experts in Legal Malpractice Cases: Necessary Today, Excluded Tomorrow

Goulston & Storrs PC on

Many of us who defend law firms or serve in a firm’s General Counsel office know well the rule that, in order to prevail at trial, the plaintiff in a legal malpractice case usually must offer testimony from a competent expert...more

Sands Anderson PC

Experts and Defenses in Legal Malpractice Cases: Virginia Supreme Court Sheds Some Important Light

Sands Anderson PC on

Last week, in Sere v. Trapeni, the Virginia Supreme Court handed down a very interesting opinion in a legal malpractice appeal. The Court provided important guidance on when a court’s previous rulings can affect new cases and...more

Hinshaw & Culbertson LLP

Maine Court Holds That Expert Testimony is Required to Prove Causation in Legal Malpractice Action

Brooks v. Lemieux, 2017 WL 1056194 (Me. 2017) - Brief Summary - The Maine Supreme Judicial Court recently held that expert testimony based on supporting facts in the record was required to prove causation between an...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide