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Continuous Representation Rule Does Not Extend the Statute of Limitations in Legal Malpractice Claims

Davis, et. al. v. Hayes Hofler, P.A., 2024 N.C. App. LEXIS 11 (Ct. App. January 2, 2024) - Brief Summary - The North Carolina Court of Appeals aligned itself with the minority view by holding that the continuous...more

Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim

Brief Summary - The United States District Court for the District of Massachusetts held that the insured failed to comply with the notice provisions of a claims-made policy. Whether the insurer had actual notice of the...more

Continuous Representation Rule Does Not Apply to Legal Malpractice Actions Says Georgia Appeals Court

Brief Summary - The Georgia Court of Appeals held that the continuous representation rule does not apply to legal malpractice actions. Thus, plaintiff's claims against his attorneys based on their alleged negligence in...more

California Appellate Court Denies Anti-SLAPP Motion and Sanctions Attorney with "Tunnel Vision"

A California appellate court affirmed the trial court's conclusion that a lawyer's anti-SLAPP motion was frivolous because the filing was not an issue of public interest, nor was it litigation activity. He was accordingly...more

Wisconsin Court of Appeals Discusses Wisconsin Supreme Court's MacLeish Decision

Pence v. Slate, et al., 2018AP652 - Brief Summary - One month after the Wisconsin Supreme Court issued its decision in MacLeish v. Boadman & Clark, LLP, 381 Wis. 2d 471 (2019)—a decision discussed in our previous...more

California Court Holds Plaintiff Must Only Prove Attorney Was "Substantial Factor" of Loss, Not "But For" Causation

Knutson v. Foster, 25 Cal. App. 5th 1075, 1077 (Aug. 8, 2018) - Brief Summary - A competitive swimmer was successful in reinstating a jury verdict against her lawyer for fraudulent concealment and intentional breach of...more

Utah Supreme Court Vacates an Award of Non-Economic Damages Arising from a Legal Malpractice Action

Brief Summary - In a case of first impression for Utah's highest court, the court vacated a jury award of non-economic damages for emotional distress allegedly sustained by plaintiff as a result of the alleged malpractice....more

Legal Malpractice Case Dismissed for Lack of Personal Jurisdiction under Illinois Long Arm Statute

Brook, as Trustee of the David North II Trust, successor to the assets of Cortina Financial, Inc. v. McCormley, et al., No. 16-4255 (7th Cir. 2017) Brief Summary - The Seventh Circuit affirmed the district court's...more

Illinois Appellate Court Holds That Legal Malpractice Claim Was Barred by Six-Year Statute of Repose, and Collateral Estoppel...

Prospect Development, LLC, et al v. Donald Kreger and Schiff Hardin, 2016 IL App (1st) 150433 - Brief Summary - Plaintiff sued a lawyer and his law firm for alleged legal malpractice arising out of the collapse of a...more

Absent a Fee-Sharing Agreement Signed by Client, Referring Attorney Cannot Recover Fees From Receiving Attorney

Naughton v. Pfaff, 2016 IL.App (2nd) 150360 - Brief Summary - A referring attorney sought to recover under an oral fee-sharing agreement with another attorney, alleging that their agreement constituted a joint...more

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