News & Analysis as of

Attorney Malpractice

Goldberg Segalla

Law Firm Facing Malpractice Lawsuit Arising Out of Alleged Bad Advice in While Collar Crypto Defense

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FACTS OF THE UNDERLYING ACTION - On September 6, 2024 an action was commenced in New York State Supreme Court, New York County, on behalf of Steven Nerayoff, an attorney and alleged crypto founder, who, when working for the...more

Goodell, DeVries, Leech & Dann, LLP

Bennett v. Gentile: Maryland’s Supreme Affirms Strict Privity Rule in Legal Malpractice Cases

Maryland’s Supreme Court declined to overturn the strict privity rule in legal malpractice cases. The rule, which generally bars third parties from suing lawyers, was a key issue in the recent Bennett v. Gentile decision. ...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

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Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Freiberger Haber LLP

Collateral Estoppel Held Not To Bar Later-Filed Malpractice Action

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In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal malpractice, breach of fiduciary duty, and intentional infliction...more

Goldberg Segalla

Client Wins Dismissal after Legal Malpractice Claims Proven Insufficient

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Stellar defense work by Goldberg Segalla partner Christopher F. Lyon secured in New York County Supreme Court the dismissal of a claim brought against our client in a legal malpractice action. The case was filed by a...more

Dentons

Call and Wait: What is a Conflict Check?

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You decide you want a divorce, or your spouse tells you they want a divorce. You are served divorce papers from a process server or law enforcement. You want help now. You do not want to wait. Folks dealing with divorce...more

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

Goldberg Segalla

A Worrying Trend? Legal Malpractice Payouts Soar

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Uh oh. Surveyed legal malpractice insurance carriers pointed to sympathetic jurors and aversion to trying cases as possible explanations for an “all-time high” in claims payouts despite similar year-over-year volume....more

Hinshaw & Culbertson - Lawyers for the...

A Defense Win in Texas on the Issue of "But For" Proximate Causation in a Legal Malpractice Case

Forshee v. Moulton, 2024 Tex. App. LEXIS 2520 (Houston [14th Dist.] April 11, 2024) - Brief Summary - The Texas Court of Appeals held that when a plaintiff's claim against her former attorney properly is grounded in...more

Goldberg Segalla

Does the Statute of Limitations Ever Apply in Pennsylvania Legal Malpractice Claims?

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That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania. It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a...more

Marshall Dennehey

PA Superior Court Upholds Gist of the Action Doctrine to Bar Legal Malpractice Claim

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Outerlimits Techs., LLC v. O’Connor, No. 169 EDA 2023, 2023 WL 8524299 (Pa. Super. Ct. Dec. 8, 2023) (non-precedential decision) - The Pennsylvania Superior Court affirmed the trial court’s dismissal of the appellant’s legal...more

Goldberg Segalla

Does the Statute of Limitations Ever Apply in Legal Malpractice?

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It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of limitations (SOL) defense to a legal malpractice claim is virtually zero. This may be more so in some...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Affirms Default Judgment Against Attorney After He Repeatedly Fabricated Expert Witness Disclosures "From...

Iavor Stoyanov v. Himont Law Group, Ltd., et al., 2024 IL App (1st) 221434-U (April 15, 2024) - Brief Summary - The First District Appellate Court in Illinois held that the trial court (Judge Patrick J. Sherlock) was correct...more

Array

This Week in eDiscovery: eDiscovery Violation Leads to Disbarment, an Argument for Linked Attachment Production, Paralegals’...

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of March 25-31. Here’s what’s...more

Goldberg Segalla

Use of AI Results in Attorney Suspension

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The practice of law is not one-size-fits-all. For better or worse, attorneys are generally free to conduct their business as they see fit: working from home, in a traditional office, in large firms, solo practitioners,...more

Hinshaw & Culbertson - Lawyers for the...

Deciphering Forum Non-Conveniens: Global Law Firm Headquarters’ Location Deemed a Convenient Forum

Lehram Capital Investments, Ltd., et al. v. Baker & McKenzie International, et al., 2024 IL App (1st) 230095 (Feb. 14, 2024) - Brief Summary Plaintiffs Lehram Capital Investments (“Lehram”) and Daniel Rodriguez (“Rodriguez”)...more

Farella Braun + Martel LLP

When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured? Part II: When Can an Insurer...

In Part I (”When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured”) of our two-part article published by the ABA’s Insurance Coverage Litigation Committee (ICLC), we addressed the...more

Hinshaw & Culbertson - Lawyers for the...

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the...more

Marshall Dennehey

Pennsylvania Superior Court Continues to Apply Gist of the Action Doctrine to Legal Malpractice Claims.

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Outerlimits Technologies, LLC v. Cozen O’Connor, No. 169 EDA 2023, 2023 WL 8524299, unpublished (Pa. Super. Dec. 8, 2023) - The Pennsylvania Superior Court affirmed a trial court ruling dismissing a legal malpractice breach...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

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Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more

Hinshaw & Culbertson - Lawyers for the...

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

Patton Sullivan Brodehl LLP

Partnership — Not Its Partners — Owns Malpractice Claim Against Partnership’s Attorney

Two important principles governing corporate entities are: (1) the entity is legally distinct from its owners; and (2) the entity’s property and assets belong to the entity, not its owners. These themes are...more

Conn Kavanaugh

Spotting and Avoiding “Material Limitation” Conflicts of Interest

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Some conflicts of interest are easy to spot. Most lawyers recognize, for example, that a lawyer cannot act as an advocate in one case against a person the lawyer represents in another case, even if the matters are unrelated. ...more

Carlton Fields

Second Circuit Weighs in on Scope of Business Enterprise Exclusion, Finds It Bars Coverage for Legal Malpractice Suit

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Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured...more

Marshall Dennehey

Key Differences Between Disciplinary Matters and Civil Litigation

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One of the most important things for an attorney to understand when faced with a disciplinary proceeding is that the disciplinary process is not civil litigation. An attorney who understands the differences between a...more

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