Close

Articles Posted in legal malpractice

Updated:

MASSACHUSETTS APPEALS COURT REJECTS ATTORNEY’S ASSIGNED CLAIM AGAINST PROFESSIONAL LIABILITY INSURANCE BROKER

Attorney, The attorney represented the Appellant in this insurance coverage case, which settled with Liberty Mutual, the primary insurer following mediation, and then went forward with claims against the insurance agent, AIS Affinity Insurance (“AON”), who had procured policies of insurance for a Boston attorney. AON did not participate in…

Updated:

Detroit Law Firm Hit with $5 Million Legal Malpractice Verdict

A jury has delivered a $5 million legal malpractice verdict against a Detroit law firm in the U.S. District Court for Eastern Michigan.  Jaffe, Raitt, Heuer & Weiss was retained to “vet” a Minneapolis-based office furniture manufacturer for potential acquisition for a client.  The firm allegedly failed to advise the…

Updated:

New York Appellate Division Upholds Attorney-Client Privilege for Attorneys seeking Ethical Advice from Firm’s In-House Counsel

The Appellate Division of the Supreme Court of New York has reversed a lower court’s Order that emails between firm lawyers and their in-house counsel were not protected under attorney-client privilege. The reversal follows a national trend as the highest Courts in Massachusetts, Oregon, and Georgia have also reached similar…

Updated:

Texas Court of Appeals Reverses Lower Court’s Dismissal on Statute of Limitations Grounds

The Texas Court of Appeals has reversed a trial court’s Order, granting a law firm and two of their attorneys’ motion to dismiss a legal malpractice action. The Defendants had asserted that Plaintiff’s legal malpractice action was barred by the statute of limitations. While the trial court had not specified…

Updated:

Fifth Circuit Court of Appeals Reverses $4.6 Million Jury Award and Orders New Trial

This case involves a company, Henry S. Miller Commercial Company (“HSM”), who set up commercial property transactions by a buyer who claimed to be the beneficiary of a large trust fund. The buyer was in fact a truck driver who had no trust fund. When the deals failed to close, the prospective…

Updated:

Connecticut Grievance Committee Rejects Malpractice Settlement:

The Connecticut Attorney’s Grievance Committee has rejected a settlement based on a lawyer’s failure to document legal transactions between the law firm and their former client. The committee held a public hearing in Hartford Superior Court on February 6, 2016, regarding the dispute in which a legal guardian, Kathleen Nastri, had…

Updated:

Kelly v. Orr, No. D067735: California Appellate Court Reverses Judgment Time-Barring Legal Malpractice Claim of Successor Trustee

The Fourth District Court of Appeals of California recently reversed a decision of the trial court dismissing a legal malpractice claim based on a lapsed one-year statute of limitations.  In Kelly v. Orr, a grantor created a trust agreement that named a successor trustee upon the resignation of the current…

Updated:

McPhillips v. Bauman, 2015 NY Slip Op 08218: Appellate Division of Supreme Court of New York Affirms Dismissal of Legal Malpractice Claim

The Appellate Division of the Supreme Court of New York recently affirmed the decision of New York’s Supreme Court, dismissing a legal malpractice claim.  In McPhillips v. Bauman, a physician employed by the Department of Corrections sued an Assistant Attorney General who was assigned to represent him in a lawsuit…

Updated:

In Re: Alexander R. Cain, No. BD-2015-018: Three Year suspension for Massachusetts Attorney for Making False Statements to Clients

The Supreme Judicial Court (“SJC”) recently suspended a Massachusetts attorney, who made intentional misrepresentations to four of his clients. In the matter of Alexander R. Cain, an attorney was found to have fabricated documents, lied to his clients, and failed to diligently pursue his client’s claims and interests. In the…

Updated:

Mizuno v. Nunberg, No. 2013-06709: New York Appellate Court Affirms Dismissal of Legal Malpractice Suit

The New York Appellate Division has affirmed a judgment dismissing a legal malpractice claim against a New York attorney and his law firm. In Mizuno v. Nunberg, a client hired an attorney to represent him in bankruptcy proceedings, after a bank foreclosed on the client’s property. The client was unable…