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…
Articles Posted in Legal Malpractice
Buyer’s Remorse Does Not State A Claim For Legal Malpractice
SILVAGNI v. Shorr, 2015 PA Super 62 – Pa: Superior Court 2015 – Google Scholar. This is a Pennsylvania decision affirming the dismissal of a legal malpractice case. The plaintiff alleged that his lawyer breached the duty of care by advising him to settle his workers’ compensation matter. Plaintiff also…
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…
2nd Circ. Holds JPMorgan To Faulty Mayer Brown Loan Deal – Law360
2nd Circ. Holds JPMorgan To Faulty Mayer Brown Loan Deal – Law360. The allegations are that Mayer Brown, which represented General Motors, drafted a release of JP Morgan’s UCC lien. JP Morgan did not object after the release of the lien was filed. Interestingly, the law firm that represented JP…
Goldfine v. Barack Ferrazzano – Illinois Supreme Court Affirms Legal Malpractice Verdict For Securities Law Error
This case was decided by the Illinois Supreme Court in October 2014. Plaintiffs alleged that the defendants committed legal malpractice when they failed to preserve a cause of action under the Illinois Securities Law against an investment firm. Plaintiffs alleged that the lawyers failed to file a rescission claim in…
Appellate Court Rejects Collateral Estoppel Defense To Legal Malpractice Claim
In the appeal captioned, Stevens v. McGuirewoods, LLP, 2014 IL App (1st) 13-3952, the Illinois Appellate Court reversed a grant of summary judgment in favor of McGuirewoods. The Appellate Court held that the trial court erred in applying collateral estoppel to bar the claims. In their complaint against McGuireWoods, the…
Former Navy Seal Sues His Lawyers For Legal Malpractice
Former Navy SEAL, Author of Bin Laden Best Seller, May Face Costly Penalties, Lawyer Says – NYTimes.com. The former Navy Seal who wrote a book on the Bin Laden raid has filed a legal malpractice lawsuit against his former lawyers. He alleges that the lawyers were negligent in failing to…
Chicago Law Firm Loses Jurisdictional Battle
Dillon v. MURPHY & HOURIHANE, LLP, Dist. Court, ND California 2014 – Google Scholar. The plaintiff brought the legal malpractice action in federal court in San Jose. The defendant law firm moved to dismiss for lack of personal jurisdiction and, in the alternative, for transfer of the case to Illinois.…
Illinois Court Rejects Claim That Husband’s Legal Malpractice Claim Was Marital Property
This is, unfortunately, an unpublished opinion, In re Marriage of Elizabeth W. Nesbitt and Bruce M. Nesbitt, 2014 IL App (1st) 131825-U. After the parties divorce reached judgment, Bruce brought a legal malpractice action against his former lawyers for errors he alleged caused him to incur economic damages. Elizabeth then…
Pennsylvania Court Rejects The “You Should Have Gotten Me A Better Deal” Claim
Phinisee v. LAYSER, Dist. Court, ED Pennsylvania 2014 – Google Scholar. One common claim against a lawyer is that he failed to obtain a good enough deal for his client. Here, the lawyers obtained $1.2 million for the plaintiff and her minor child in a lawsuit against the United States.…