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…
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.…
In a recent decision, Bluestein v. Central Wisconsin Anesthesiology, S.C., Nos. 13-3724, 14-1256 and 14-1257, the Seventh Circuit upheld the dismissal of Bluestein’s claim that she was wrongly terminated in violation of the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. and other civil rights statutes. The problem…
Matter of Davis 2014 NY Slip Op 07080. A bankruptcy lawyer was disciplined for allowing a third party to use his electronic login to file bankruptcy petitions. The pertinent part of the opinion states: “At issue were four involuntary bankruptcy petitions filed between June and December 2011 against debtor Joseph…
BEFORE THE HEARING BOARD. If true, this is an ugly awful tale in which a lawyer, Robert M. Stephenson, stole from trusts established by his parents for the benefit of his own children. The key allegations are set forth in the complaint: “1. In May 2007, Respondent agreed to serve…
This is, unfortunately, an unpublished opinion, In re Marriage of Elizabeth W. Nesbitt and Bruce M. Nesbitt, 2014 IL App (1st) 131825-U. After the parties divorce reached judgment, Bruce brought a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…
Last week I gave a presentation on Avoiding Legal Malpractice in Family Law Matters at the Chicago Bar Association Family Law Committee. Thanks to my host, Mallory O’Connor, and Stephanie Capps for help with the presentation. https://www.scribd.com/doc/241354374/Avoiding-Legal-Malpractice-in-Family-Law-Matters-9-29-2014-EXCJr
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.…
Adkins v. Palermo, Dist. Court, ED Kentucky 2014 – Google Scholar. Probably the most common way to lose a legal malpractice case is to fail to identify an expert. The defendant moves for summary judgment and the court grants it. This opinion is worth reporting because it is well-written. In…
IN RE MARRIAGE OF WIXOM AND WIXOM, Wash: Court of Appeals, 3rd Div. 2014 – Google Scholar. This is an appeal from a divorce case in which a lawyer (Robert Caruso) and his client (Rick Wixom) were held jointly and severally liable for a $55,000 sanction award. The lawyer and…