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Articles Posted in Legal Malpractice Issues

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Connelly v. Hayashi, CA No. G046247: California Appellate Court Reverses Dismissal of Legal Malpractice Action

The Court of Appeals of California has reversed a lower court’s dismissal of a legal malpractice action on the basis that an implied attorney-client relationship existed. In Connelly v Hayashi, a physician who invented a protein enriched sports drink sought investors to form a new business venture to develop and…

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Vincent v. DeVries, 2013 VT 34, Case No. 2012-026: Supreme Court of Vermont Affirms Economic Damage Award in Legal Malpractice Case

The Supreme Court of Vermont has affirmed an economic damage award in a legal malpractice action. In Vincent v. DeVries, a client and his sister contracted to sell their home for $52,000 to buyers. Shortly before the scheduled closing, the sister died and the client refused to go forward with…

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Aseel v. Jonathan E. Kroll & Assoc., PLLC, 2013 NY Slip Op 03806: New York Appellate Court Affirms Dismissal of Legal Malpractice Action

A New York appellate court has affirmed the dismissal of a legal malpractice action. In Aseel v. Jonathan E. Kroll & Assoc., PLLC, a client hired an attorney to represent him in his divorce proceedings. The client subsequently brought a legal malpractice suit against the attorney for negligently representing him…

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Haddy v. Caldwell, No. 08-12-00131-CV: Texas Appellate Court Affirms Summary Judgment in Favor of Attorney in Legal Malpractice Action

A Texas appellate court has affirmed a summary judgment for an attorney in a legal malpractice case. In Haddy v. Caldwell, a client retained an attorney to bring a medical malpractice suit against United States Army physicians, who treated the client’s then wife. The trial court granted summary judgment in…

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Frasco, Caponigro, Wineman, & Scheible, PLLC v. IGC Management, Inc., No. 308405: Michigan Court of Appeals Affirms Summary Judgment In Favor of Attorney In Legal Malpractice Case

A Michigan appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Frasco, Caponigro, Wineman, & Scheible, PLLC v. IGC Management, Inc., a sub-contractor hired an attorney to recover funds from a general contractor. The general contractor later filed for bankruptcy, and…

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Kouransky, Bouwer & Poracky, P.C. v. The Bar Plan Mutual Insurance Co., No. 10 CV 535: Court Affirms Summary Judgment Declaring that Law Firm Not Entitled to Insurance Coverage in Legal Malpractice Action

The Seventh Circuit Court of Appeals has affirmed a summary judgment declaring that an insurance company did not have to provide coverage for a legal malpractice claim brought against a law firm. In Koransky, Bouwer & Poracky v. Bar Plan Mut. Ins., an Indiana law firm represented a potential buyer…

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Lewis v. Album, No. 12-CA-854: Louisiana Court of Appeals Affirms Summary Judgment for Attorney in Legal Malpractice Case

A Louisiana appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Lewis v. Album, a client retained an attorney in order to bring a claim against the Louisiana Commissioner of Insurance. Several months later, the client terminated the attorney’s representation. Nearly…

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Vara v. Williams, No. 03-10-00861-CV: Texas Appellate Court Affirms Summary Judgment for Attorney in Legal Malpractice Case

A Texas appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Vara v. Williams, a client hired an attorney to represent her in a divorce proceeding. The parties reached a mediated settlement, and the trial court entered a final divorce decree,…

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Bailey v. Robinson, No. 2 CA-CV 2012-0098: Arizona Appellate Court Affirms Summary Judgment for Attorney in Legal Malpractice Case

An Arizona appellate court has affirmed summary judgment in favor of an attorney in a legal malpractice action. In Bailey v. Robinson, a taxpayer hired an attorney to represent him in a civil action against the Internal Revenue Service (“IRS”), seeking a refund from a prior tax year. After a…

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Facchinato v. Gerds, No. 305129: Michigan Appellate Court Affirms Summary Judgment for Attorney in Legal Malpractice Action

A Michigan appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Facchiano v. Gerds.doc, a husband and wife hired an attorney to draft an agreement to transfer a 40% interest in their second home to their daughter. The transaction was completed…