KELLEY & WITHERSPOON, LLP v. Hooper, Tex: Court of Appeals, 5th Dist. 2013 – Google Scholar. When the claim is that a lawyer breached the duty of care and thereby lost a case, the plaintiff must prove a case within a case, that is, that but for the lawyer’s negligence…
Articles Posted in Case Within A Case
Legal Malpractice Claim Arises From Securities Law Error
Goldfine v. BARACK, FERRAZZANO, KIRSCHBAUM AND PERLMAN, Ill: Appellate Court, 1st Dist., 6th Div. 2013 – Google Scholar. The Illinois Appellate Court, First District, Sixth Division, has affirmed a judgment entered in favor of the plaintiff and against a defendant law firm. The allegation of negligence was that the law…
Kentucky Supreme Court Upholds Legal Malpractice Case and Discusses Case Within A Case Requirement
Osborne v. Keeney, Ky: Supreme Court 2012 – Google Scholar. This is a legal malpractice case in which the plaintiff alleged that her lawyer failed to file a lawsuit on time and missed the applicable statute of limitations. The Kentucky Supreme Court upheld the claim and addressed other issues as…
North Carolina Finds Negligence Where Lawyer Fails to Move For A Directed Verdict
Legal Malpractice Case From North Carolina Royster v. McNamara, 723 SE 2d 122 – NC: Court of Appeals 2012 – Google Scholar. This is a legal malpractice case arising out of a litigation matter. The plaintiff, Royster, was a defendant in the underlying case, a fraud case. Legal malpractice in…