7 results for 'cat:"Evidence" AND cat:"Legal Malpractice"'.
J. Fowlkes dismisses this legal malpractice lawsuit for failure to state a claim and denies the pro se plaintiff’s motion for leave to amend, calling such an effort futile. The malpractice claim allegedly stems from the defendant attorney’s legal representation in an underlying criminal case. However, the plaintiff has failed to show “that he has obtained post-conviction relief,” and his amended complaint also fails to show why the case should not be dismissed.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: May 8, 2024, Case #: 2:20cv2174, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Procedure, evidence, legal Malpractice
J. Pitman finds that the district court properly found for a client on his legal malpractice action against his lawyer. In the client's affidavit, he detailed the negligent representation by the lawyer during their attorney-client relationship lasting from 1991 until 2017. Further, the lawyer admitted to the acts of legal malpractice and the losses caused by it. However, the damages awarded should be vacated because the amount owed to the client cannot be determined from the supporting documents to the motion for summary judgment. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: April 10, 2024, Case #: 55,607-CA, Categories: evidence, Damages, legal Malpractice
J. Welch finds the trial court properly granted summary judgment in favor of the attorney against whom was brought this legal malpractice action. Defendant was found guilty by no-contest plea to attempted sexual assault, represented by a different attorney. His ineffective assistance arguments failed related this, as well as his seeking of post-conviction relief. Post-conviction counsel’s affidavit presented evidence sufficient to show his conduct complied with standards regardless of any self-serving or conclusory statements. Allegations that the attorney failed to raise certain defenses present a question for the fact finder, not a question of law for the court. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: November 7, 2023, Case #: A-23-054, Categories: evidence, legal Malpractice
J. McClendon finds that the trial court properly found a law firm to be liable to a client for damages caused by legal malpractice regarding the handling of a discrimination and retaliation suit. The client attested that she was notified her employment was being terminated on January 31, 2017, that she retained the law firm to represent her at that time, and that the law firm did not initiate suit until August 14, 2018, with her claims being dismissed with prejudice on the basis of prescription. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: November 3, 2023, Case #: 2023 CA 0281, Categories: evidence, legal Malpractice
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J. Gaziano partially affirms disciplinary sanctions imposed on three prosecutors for withholding evidence that could be used to prove the chemist they were prosecuting was not guilty. One of the lawyers was not aware of the withheld evidence and was only guilty of relying on one of the other lawyers telling him that she had turned over such evidence, so he should not be subject to anything more severe than a public reprimand, but the lawyer who actually withheld the evidence did so knowingly and showed a lack of remorse or candor, so it is appropriate for her to be disbarred. The other lawyer was reckless and incompetent and should be suspended for one year plus one day.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: August 31, 2023, Case #: SJC-13360, Categories: evidence, legal Malpractice, Attorney Discipline
J. Laplante grants an attorney's motion for summary judgment against an individual he represented who is suing him for legal malpractice. The represented individual fails to show proof that the attorney's actions harmed him, because he continued to litigate after attorney withdrew, and he fails to provide an expert witness who can substantiate essential parts of his claims against the attorney.
Court: USDC New Hampshire, Judge: Laplante, Filed On: July 28, 2023, Case #: 1:22cv125, NOS: Other Civil Rights - Civil Rights, Categories: evidence, legal Malpractice