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Articles Posted in Legal Malpractice

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District Court Dismisses Legal Malpractice Lawsuit Relating to Indian Casino

Source: MCZ DEVELOPMENT CORP. v. DICKINSON WRIGHT, PLLC, Dist. Court, ND Illinois 2015 – Google Scholar This case involves allegations that the law firm (Dickinson Wright) committed legal malpractice in connection with work on a proposed “Indian casino project” in Oklahoma. During the representation Plaintiffs requested that the law firm…

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Lawyer Is Accused of Failing To Document A Settlement Of Divorce Case

O’KELLYN v. Dawson, 2013 PA Super 25 – Pa: Superior Court 2013 – Google Scholar. This is a case where a lawyer was accused of legal malpractice for failing to properly document a settlement of a divorce case. The settlement related to an award of maintenance. The parties agreed on…

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Lawyers Lose Coverage Case Because Of Involvement In Another Entity

ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, GREENBERG, FORMATO & EINIGER, LLP v. UNDERWRITERS AT LLOYD’S, Dist. Court, ED New York 2013 – Google Scholar. Every year, when I receive my legal malpractice insurance application, there is always a question on whether I am an officer or director of an outside entity. In…

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Federal District Court Allows Excess Insurer To Bring Legal Malpractice Claim

Excess Insurer Can Bring Legal Malpractice Claim Against Lawyer ACE AMERICAN INSURANCE CO. v. SANDBERG, PHOENIX & VON GONTARD, PC., Dist. Court, SD Illinois 2012 – Google Scholar. This is a dispute between an insurer and the lawyers who were hired to defend a case. Illinois has recognized that an…

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Lawyer Defeats Insurer’s Summary Judgment Motion In Legal Malpractice Case

Lawyer prevails in dispute with malpractice insurer in legal malpractice case Foster v. WESTCHESTER FIRE INSURANCE COMPANY, Dist. Court, WD Pennsylvania 2012 – Google Scholar. This is a dispute between a lawyer and his legal malpractice insurer. One of the major trends in recent years is the coverage lawsuit filed…

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Legal Malpractice In the Context of Immigration

Immigration Malpractice Miranda v. Said, Iowa: Court of Appeals 2012 – Google Scholar. This is an unusual case – legal malpractice in the immigration setting.  Plaintiffs won a verdict at the trial but appealed on the grounds that the trial court wrongfully barred their claims for mental distress damages, punitive…

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Michigan Court Rejects Lack of Standing Defense in Legal Malpractice Case

Harkins v. Paxton, Mich: Court of Appeals 2012 – Google Scholar.   This is a legal malpractice case. Plaintiffs (referred to as “the Judges”)  claimed that they lost an underlying case (a Section 1983 action) because of the negligence of their attorney.  The attorney, who was retained by an insurance…

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North Carolina Finds Negligence Where Lawyer Fails to Move For A Directed Verdict

Legal Malpractice Case From North Carolina Royster v. McNamara, 723 SE 2d 122 – NC: Court of Appeals 2012 – Google Scholar. This is a legal malpractice case arising out of a litigation matter.  The plaintiff, Royster, was a defendant in the underlying case, a fraud case. Legal malpractice in…

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Ohio Court Rules In Favor Of Attorney In Insurance Dispute

Insurance coverage dispute Goodman v. MEDMARC INS., 2012 Ohio 4061 – Ohio: Court of Appeals, 8th Appellate Dist. 2012 – Google Scholar. This case involves an insurance coverage dispute. The lawyer was the policyholder and he was sued for legal malpractice. An Ohio court has ruled in favor of an…

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Defendants Request To Stay Lawsuit Denied

Cullinan v. FEHRENBACHER, Ill: Appellate Court 2012 – Google Scholar. This case alleges malpractice.  It  is unusual because the defendants moved for a stay of the case.  A stay stops the proceedings dead in their tracks.  The defendants filed this motion because the alleged malpractice arose out of estate planning…

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