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Articles Posted in Privity Requirement

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Privity Defense Defeats Insurance Company’s Legal Malpractice Claim

May an insurance company sue the defense firm that it hired where it alleges that the defense firm did not meet the standard of care? In Florida, according to Arch Insurance Company v. Kubicki Draper, 4-D17-2889, the insurance company may not file suit because it lacks privity with the law…

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Unhappy Litigant Cannot Sue The Opposing Party’s Lawyer

Workforce Solutions v. Sara L. Pettinger and Scopelitis, Garvin, Light, Hanson & Feary, P.C., 2105 IL (1st) 121265-U. In 2006, Workforce sued Urban Services of America, Inc., for breach of contract when Urban allegedly failed to pay for $573,000 in services. In 2008, Workforce obtained a default judgment against Urban.…

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Indiana Court Holds That County Commissioners Can Sue Their Attorney For Legal Malpractice

VISSING v. CLARK COUNTY BOARD OF AVIATION COMMISSIONERS, Ind: Court of Appeals 2014 – Google Scholar. The malpractice lawsuit arose out of an effort to claim, by eminent domain, certain property, which was to be used to an airport. In 2009, the Clark County Aviation Board attempted to purchase land…

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Legal Malpractice Case Dismissed For Lack of Privity

Scott v. Burgin, DC: Court of Appeals 2014 – Google Scholar. The issue of privity frequently arises in legal malpractice litigation. A party lacks privity when the party did not have an attorney-client relationship with the lawyer. Recently, the privity rule has been relaxed by courts to allow lawsuits for…

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