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Articles Posted in Discovery Rule

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Appellate Court Revives Legal Malpractice Claim And Discusses Discovery Rule

Katz v. Katten Muchin 2021 IL App (1st) 200331, is a malpractice case in which the Illinois Appellate court reversed the dismissal of a legal malpractice case.  Andre Katz filed a petition to be appointed the temporary guardian of his mother on June 9, 2017. He learned that his mother…

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Court Holds Bankruptcy Malpractice Claim Belongs to Bankruptcy Estate

In re Bruess, No. 19-2714, was decided by the District Court for the District of Minnesota. The debtor claimed that her bankruptcy lawyer made an error by filing a chapter 7 case on her behalf and thereby making her homestead interest in property subject to creditor claims. The court also…

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Delaware Supreme Court Weighs In on Discovery Rule And Dismisses Case

The issue that arises often in litigation is: when was the plaintiff put on notice that the lawyer may have breached the duty of care? The answer to this question often determines whether or not the statute of limitations bars a claim. A case decided by the Delaware Supreme Court…

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