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Articles Posted in Case Within A Case

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New York Court Denies Law Firm Summary Judgment

In the case captioned, Caminero v. MICHAEL FLYNN, Esq, PLLC, 2025 NY Slip Op 3701 (NY Appellate Division, 2nd Department 2025), the plaintiff sued his lawyer for legal malpractice arising out of an action under FELA, the Federal Employers’ Liability Act 45 USC §51. Caminero alleged that she was injured…

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Plaintiff Cannot Sue For Legal Malpractice Because His Claim Was Viable When He Fired the Lawyer

This opinion of the Seventh Circuit discusses a legal malpractice case arising out of a class action. The plaintiff, Carlos Rocha, brought a class action against Federal Express. He alleged that Federal Express did not properly classify his employment. Shortly before the underlying case settled, he fired his lawyers. Rocha…

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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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