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Articles Posted in Case Within A Case

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Insurer’s Legal Malpractice Action Against Defense Counsel Dismissed

WEST BEND MUTUAL INSURANCE COMPANY v. RODDY, LEAHY, GUILL & ZIEMA, LTD., Dist. Court, ND Illinois 2014 – Google Scholar. This is a legal malpractice case arising out of a defense of a workers compensation claim. West Bend alleged that the defense counsel retained to handle the workers compensation claim…

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Much Ado About Nothing – Negligence But No Damages

This is a legal malpractice case in which the plaintiff, after enormous effort, obtained a damages award of $2000 at trial. The Appellate Court affirmed the damage award.  Unfortunately, the Appellate Court issued an unpublished opinion, Hubertus Investment Group v. Smiegelski & Wator, P.C., 2014 IL App (1st) 131927-U. This…

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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…

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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…

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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…

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