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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

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

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

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

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

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

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

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

Sixth Circuit Affirms that Expert Testimony is Necessary to Establish Attorney's Standard of Care and Breach

EQT Production Company v. Dale Phillips, 2019 U.S. App. LEXIS 9229 (6th Cir. 2019) - Brief Summary - The Sixth Circuit became the latest court to affirm the idea that expert witness testimony is generally required to...more

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

Establishing Attorney's Breach of Duty Requires Expert Witness Testimony

Sere v. Trapeni, Jr., et al., 2018 Va. Unpub. LEXIS 17 (Va. Supreme Court July 26, 2018) - Brief Summary - Plaintiff asserted her attorney's alleged breach of duty—e.g., improperly naming the defendant in the original...more

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

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