Allison v. Commission for Lawyer Discipline, Tex: Court of Appeals, 14th Dist. 2012 – Google Scholar. The Texas Court of Appeals has affirmed a suspension for a lawyer who missed deadlines in an immigration matter and whose client was deported as a result. This is a case where a…
Articles Posted in Legal Malpractice
Federal District Court Allows Excess Insurer To Bring Legal Malpractice Claim
Excess Insurer Can Bring Legal Malpractice Claim Against Lawyer ACE AMERICAN INSURANCE CO. v. SANDBERG, PHOENIX & VON GONTARD, PC., Dist. Court, SD Illinois 2012 – Google Scholar. This is a dispute between an insurer and the lawyers who were hired to defend a case. Illinois has recognized that an…
Lawyer Defeats Insurer’s Summary Judgment Motion In Legal Malpractice Case
Lawyer prevails in dispute with malpractice insurer in legal malpractice case Foster v. WESTCHESTER FIRE INSURANCE COMPANY, Dist. Court, WD Pennsylvania 2012 – Google Scholar. This is a dispute between a lawyer and his legal malpractice insurer. One of the major trends in recent years is the coverage lawsuit filed…
Legal Malpractice In the Context of Immigration
Immigration Malpractice Miranda v. Said, Iowa: Court of Appeals 2012 – Google Scholar. This is an unusual case – legal malpractice in the immigration setting. Plaintiffs won a verdict at the trial but appealed on the grounds that the trial court wrongfully barred their claims for mental distress damages, punitive…
ARDC Hearing Board Recommends Suspension For Lawyer Who Missed Appeal Deadlines
Filed October 5. This is a disciplinary case against Herbert Arthur Bates, an attorney in Illinois. Bates was retained by a convicted criminal to handle his appeal. Bates was paid $10,000. Unfortunately, he missed numerous deadlines and the appeal was dismissed. He also failed to return the transcripts to the…
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…
Huber v. MUES, 2012 Ohio 2540 – Ohio: Court of Appeals, 2nd Appellate Dist. 2012 – Google Scholar
Huber v. MUES, 2012 Ohio 2540 – Ohio: Court of Appeals, 2nd Appellate Dist. 2012 – Google Scholar. This case would have been timely in Illinois, or many other states, but it was filed in Ohio, which has a one-year statute of limitations for legal malpractice. Ohio does observe the…
New York Court of Appeals Holds That Nonpecuniary Damages Are Not Recoverable in Legal Malpractice Actions
Dombrowski v. Bulson, 2012 NY Slip Op 4203 – NY: Court of Appeals 2012 – Google Scholar. This case arose out of a dispute between a client suing his former criminal defense attorney. The Court noted that New York has rejected nonpecuniary damages in malpractice in civil cases. It…
Defendants Request To Stay Lawsuit Denied
Cullinan v. FEHRENBACHER, Ill: Appellate Court 2012 – Google Scholar. This case alleges malpractice. It is unusual because the defendants moved for a stay of the case. A stay stops the proceedings dead in their tracks. The defendants filed this motion because the alleged malpractice arose out of estate planning…
Does the Statute of Repose Apply To Claims By Non-client?
The caption of this case is Evanston Insurance Company v. Riseborough and Jacobson and Riseborough, 1-10-2660. The opinion is not available online or on the website of the Appellate Court. I learned of this case when I read an excellent article by the Chicago Daily Law Bulletin. I am amazed that…