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Articles Posted in Expert Testimony Requirement

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Utah Court Of Appeals Holds That An Expert Witness Is Required to Prove Legal Malpractice In A Divorce Case

This case is typical of divorce malpractice cases. The plaintiff sued his former lawyers on the ground that they did not adequately address a potential problem of his settlement agreement with his wife. The problem, apparently, was that after the divorce the plaintiff was unable to refinance a loan on…

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Three Sets of Lawyers Sued For One Bad Verdict

ALLIED WASTE NORTH AMERICA, INC. v. LEWIS, KING, KRIEG & WALDROP, PC, Dist. Court, MD Tennessee 2015 – Google Scholar. This is an opinion of the United States District Court for the Middle District of Tennessee denying motions for summary judgment filed by the three law firms that represented Allied…

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Lawyers Are Sued For Legal Malpractice For Hiring The Wrong Expert

QUAD CITY BANK & TRUST v. ELDERKIN & PIRNIE, PLC, Iowa: Court of Appeals 2015 – Google Scholar. This is an unusual legal theory in a legal malpractice case. In the underlying case, the plaintiff bank brought a case against an accounting firm on the ground that the accounting firm…

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An Old Story Told Well – No Expert = No Malpractice Claim

Adkins v. Palermo, Dist. Court, ED Kentucky 2014 – Google Scholar. Probably the most common way to lose a legal malpractice case is to fail to identify an expert. The defendant moves for summary judgment and the court grants it. This opinion is worth reporting because it is well-written. In…

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Court Denies Summary Judgment Motions in Immigration Malpractice Case

Koch v. PECHOTA, Dist. Court, SD New York 2013 – Google Scholar. This is an immigration malpractice case where the lawyers were hired to represent a woman to help her obtain a green card. They apparently succeeded in that effort. Later, the plaintiff was deported. She sued the lawyers for…

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