Publications
Attorney’s failure to assert claim in the underlying case is not malpractice when the plaintiff could not have recovered had claim been asserted.
A New Jersey appeals court affirmed the lower court’s finding that, while there was “at least a genuine issue of material fact as to whether [d]efendant breached a duty to [p]laintiff” . . .
Case Law Alerts, 1st Quarter, January 2016
An attorney’s mere drafting of a document containing representation to a non-client third-party must be distinguished from the attorney having made the representation.
A New Jersey appeals court affirmed the trial court’s dismissal of third-party legal malpractice claims while reinstating the non-client plaintiffs’ claim, which alleged common-law fraud against the defendant attorney.
Case Law Alerts, 1st Quarter, January 2016
No “settling and suing” allowed. Court relies on Muhammad and settlement colloquy by judge and defense counsel to reject legal malpractice claim.
The plaintiff sued his former attorney for failing to advise him of the effects of his workers’ compensation settlement. The plaintiff entered into a settlement agreement for $60,000.
Case Law Alerts, 1st Quarter, January 2016
Counsel’s relevant, albeit critical, analysis of the client/insured in a memorandum to the insurer seeking settlement authority did not constitute legal malpractice.
The Appellate Division affirmed the trial court’s holding that the defendant, an insurance defense counsel, did not breach any duty owed to the plaintiff, his former client, in representing him in an underlying legal malpractice action.
Case Law Alerts, 4th Quarter, October 2015
Rejected: Economic loss doctrine defense to negligence claims against insurance broker seeking purely economic damages; insurance brokers fall within professional liability exception to the rule.
The plaintiff, a building contractor, sued his insurance broker for breach of contract and negligence based on the broker’s failure to purchase liability insurance to cover roofing operations.
Case Law Alerts, 4th Quarter, October 2015
Special Law Alert - NJ Supreme Court Reaffirms Limitations of "Mode of Operation" Doctrine
In a significant ruling that will impact how premises liability cases are litigated throughout the state, the New Jersey Supreme Court, on September 28, 2015, unanimously reaffirmed the limitatio
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
General denials by a legal malpractice plaintiff are insufficient to warrant denial of the defendants’ detailed and well-supported motion for summary judgment.
In their second motion for summary judgment and on appeal, the defendants successfully asserted that they explained the ramifications of a stock restriction or advised against the settlement proposals because the value of the plaintiffs’ stock wou
Case Law Alerts, 1st Quarter, January 2015
A law firm partner in an LLP does not lose his liability protection if the LLP fails to obtain or maintain professional liability insurance as required by Rule 1:21-1C(a)(3).
The defendant partner successfully argued that he is shielded from liability as a partner in a limited liability partnership (LLP) and is not vicariously liable for the alleged legal malpractice of his former partner despite the LLP’s failure to p
Case Law Alerts, 1st Quarter, January 2015
Lawyer liability extended to third-party beneficiaries for one-sided inter vivos transfers of property.
The defendant attorney and law firm were retained by a corporation to prepare a quitclaim deed to gift a piece of property from the corporation to the plaintiffs.
Case Law Alerts, 2nd Quarter, April 2014
FINRA hearing panel rules Schwab can ban client class action suits.
A Financial Industry Regulatory Authority hearing panel ruled that Charles Schwab can prohibit its customers from bringing class action lawsuits.
Case Law Alerts - 2nd Quarter 2013