7 results for 'cat:"Legal Malpractice" AND cat:"Contract"'.
J. Jewell finds that the trial court properly ruled in favor of the attorney and law firm on claims relating to alleged conflicts of interest during their representation for a failed transaction to merge real estate businesses. The allegations involving conflicts of interest involve negligence only and not fiduciary duty, and there was insufficient evidence to establish causation as to the professional negligence claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 11, 2024, Case #: 14-22-00781-CV, Categories: Fiduciary Duty, legal Malpractice, contract
J. DuBow finds that the lower court improperly sustained the preliminary objections filed by a lawyer in this legal malpractice suit alleging breach of contract filed by a past client, who filed pro se. The court cannot recharacterize the litigant’s contract claim as a tort claim and then dismiss the complaint on the grounds that the statute of limitations ran out. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: March 21, 2024, Case #: J-A21027-23, Categories: Jurisdiction, legal Malpractice, contract
J. Hollander denies an attorney and law firms’ motion to dismiss professional negligence allegations brought by a bankruptcy client. The client retained the attorney to represent her when she filed for Chapter 13 bankruptcy, but he refused to seek relief from the stay and continued to bill her, prompting the current suit. The client has sufficiently alleged a claim to satisfy the standard that the attorney and its firm did in fact attempt to collect pre-petition debt.
Court: USDC Maryland, Judge: Hollander, Filed On: January 9, 2024, Case #: 1:22cv2639, NOS: Other Contract - Contract, Categories: Negligence, legal Malpractice, contract
J. Nachmanoff grants summary judgment to the bankruptcy lawyer. The transfer of his home from his property to his and his wife was not disclosed as it should have been in response to a question in the businessman's signed statement of financial affairs, making the property a nonexempt asset. The businessman failed to show that any conduct by his attorney proximately caused either the U.S. Trustee to file its adversary proceeding seeking to deny discharge or that he would have prevailed at the trial.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: November 1, 2023, Case #: 1:22cv751, NOS: Other Contract - Contract, Categories: Bankruptcy, legal Malpractice, contract
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J. Stafford finds the lower court properly dismissed a former client's claim that his former attorney fraudulently billed him at a higher rate than they had agreed. The former client seeks recusal of the trail judge in addition to relief for the alleged fraud. The instant court finds the client's request for recusal to be without merit as there is no indication of bias or an unfair trial. His allegations of fraud and breach of contract are unsupported. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: September 21, 2023, Case #: M2022-00273-COA-R3-CV, Categories: Fraud, legal Malpractice, contract
J. Zimmerer finds that the trial court properly ruled in favor of the law firms in a legal malpractice suit relating to their handling of potential product liability claims involving an allegedly faulty Inferior Vena Cava filter implanted in a patient who passed away. The estate failed to give evidence that the IVC filter in question was defective and caused injury to the decedent. "Therefore, if a lawyer's breach of a duty of care does not cause harm, no valid claim for legal malpractice exists." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: August 8, 2023, Case #: 14-22-00544-CV, Categories: Civil Procedure, legal Malpractice, contract