Plaintiff lost his malpractice claim against his lawyers because the court deemed his expert reports inadmissible. In the alternative, Plaintiff argued that his lawyers were negligent by failing to dispute the court’s finding that the operations of a company were illegal. The New Jersey Appellate Court rejected that argument on…
In Amari v. Griffin, 5:20-cv-00050 (W.D. Virginia January 27, 2021), the district court denied an attorney’s motion to dismiss a divorce malpractice case. Amari argued that her former attorney in her divorce case (Griffin) failed to properly investigate her ex-husband’s assets and failed to retain appropriate experts. This is, in…
After his divorce case concluded Lancaster sued his former attorney for malpractice. The claim included allegations of fraudulent billing and other claims. The lawyer raised the defense of res judicata. Res judicata is a phrase borrowed from Latin which bars a litigant from re-litigating a claim that was previously litigated…
This issue comes up every now and then. An attorney files a collection lawsuit against a client and obtains a judgment against the client. (Here the client did not appear and a default judgment was entered). Later, the client reviews the attorney’s work and files a legal malpractice lawsuit. May the…
Collateral estoppel is a doctrine that allows a court to bar relitigation of an issue that was already decided in a prior case. This case, Hexum v. Parker and Parker & Halliday, 2017 IL App (3d) 150514-U, is unpublished. The decision is one of many that reject a collateral estoppel…
Source: Sheth v. Premier Bank, Dist. Court, WD Wisconsin 2015 – Google Scholar The plaintiff in this case, Kamlesh Sheth, lost a state court foreclosure case. Sheth then sued a law firm for legal malpractice and the bank that obtained the judgment against him for fraud and other torts. Sheth…
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…
The Law Offices of Nye and Associates, Ltd., v. Eduardo Boado, 2012 Il App (2d) 11084. Plaintiff Nye is a law firm that filed a fee collection case against a former client. Nye I In September 2o08, Nye sued the former client. On March 17, 2010, Nye moved to voluntarily…