Crab eater seal In Taylor v. Attorneys At Law, CAAP-22-000396 (unpublished), Hawaii Intermediate Court of Appeals, the court affirmed a grant of summary judgment to the defendant attorneys in a legal malpractice claim. Plaintiff retained them to prosecuted a wrongful death action arising out of the death of Taylor’s father.…
In Dodenc v. Dell & Dean, PLLC 2025 NY Slip Op 650, the Appellate Division ordered the dismissal of a legal malpractice claim filed by an unsuccessful plaintiff in a personal injury case. Dodenc alleged that she was unable to prove her case because of the negligence of the law…
Plaintiff claimed that her lawyer was negligent in his handling of her appeal from a case in which plaintiff claimed that Well Fargo had discriminated against her. Plaintiff’s legal malpractice case was dismissed because plaintiff could not show how any lawyer could have won the appeal. The court put it…
In Gopstein v. Bellinson Law, LLC, 2023 NY Slip Op 33476, the plaintiff alleged that he retained the law firm to handle a personal injury action, which later settled. Plaintiff claimed that the lawyers were negligent and that their negligence caused him to settle for a reduced amount. The law…
Abercrombie Group, LLC v. Clark, Court of Appeals of Texas, Second District 2023. The company sued its law firm alleging that the lawyers failed to bring suit in a timely fashion. The lawsuit concerned a promissory note. The plaintiff would be required to prove that had the lawyer acted differently…
Buchanan v. Law Offices of Sheldon E. Green, P.C., 2023 NY Slip Op 1980 (New York Appellate Division, 2nd Department 2023), appears to be a slam dunk legal malpractice case but it was dismissed. Why? Because the plaintiff failed to plausibly allege that she would have won the underlying case.…
This is a case of litigation malpractice. In Best Choice Products, Inc. v. Hendrick, Bryant, Nerhod, Sanders & Otis, Ltd, No. COA21-163, the Court of Appeals of North Carolina reinstated a legal malpractice action. Law Firm had represented Best Choice in an underlying case. According to the Complaint, the Law…
Like many other states Illinois prohibits a legal malpractice plaintiff from obtaining punitive damages. However, if the plaintiff is a litigant who had punitive damages awarded against him, can he recover against his attorney? A recent decision answered that question with a “Yes.” In Midwest Sanitary Service, Inc. v. Sandberg,…
In Ring v. Schencker, 2021 IL App (1st) 180909-U, Barry Ring sued his former father-in-law, Richard Schencker for legal malpractice. During the marriage Ring was represented by Schencker in his business dealings. When he was divorced, Ring alleged that Schencker divulged confidential information to the attorneys for Ring’s wife (Schencker’s…
The case, Herren v. Armenta, No. 1-CA-CV-18-0381 (Arizona Court of Appeals January 14, 2020) is a legal malpractice case where Herren lost her underlying case, a business dispute. As we shall see, despite evidence of negligence she also lost the legal malpractice case. In the underlying matter, Herren hired Armenta…