News & Analysis as of

Professional Negligence Attorney Malpractice

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

Hinshaw & Culbertson - Lawyers for the...

Appellate Court Affirms $700,000 Judgment Against Lawyer in Malpractice Action, in Part, Because Defendant Failed to File...

Brief Summary - An intermediate appellate court in Illinois held that defendant forfeited appellate review of expert testimony admitted at trial because he failed to file a post-trial motion on the issue. However, the...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

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...

Plaintiff Cannot Maintain Legal Malpractice Action Absent Proof of Fraudulent Inducement to Settle

Jibreel Townsend v. Spear, Greenfield and Richman, P.C., Mark Greenfield, Rand Spear, Esq. Superior Court of Pennsylvania, No. 2950 EDA 2019 (8/13/20) - Brief Summary - A Pennsylvania court affirmed summary judgment in a...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...

Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction

R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more

Farrell Fritz, P.C.

Legal Malpractice: Attorneys Cannot Be Blamed for Client’s Bad Decisions

Farrell Fritz, P.C. on

Winning at the blame game is difficult to do.  This holds especially true where the “blame game” is actually a claim for legal malpractice. ...more

Winstead PC

Federal District Court Refuses To Dismiss Aiding And Abetting Breach Of Fiduciary Duty Claim Against A Law Firm

Winstead PC on

In Milligan v. Salamone, the Greenberg Taurig lawfirm represented the bankrupt company when it sued a president and board member. No. 1:18-CV-327-RP, 2019 U.S. Dist. LEXIS 41009 (W.D. Tex. March 14, 2019). Greenberg drafted...more

Haight Brown & Bonesteel LLP

To err is human, to sometimes forgive is CCP Section 473(b)

In his Daily Journal article, Partner Stephen Squillario discusses the potential escape hatch that is provided by C.C.P. Section 473(b) when an attorney's mistake, inadvertence, surprise or neglect has harmed the client. ...more

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