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Protected Mediations and Filing Suit Against Court Clerks

Law firms accused of malpractice have one less tool in their defense, as they cannot sue the Court to reconsider subpoenas made by Court clerks. The present case illustrate a consequence of that...

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Conciseness is Still Key: How Being Too Wordy Leads to Malpractice

A Concise Statement which is too vague to allow the court to identify the issues raised on appeal is the functional equivalent to no Concise Statement at all." Commonwealth v. Dowling, 778 A.2d 683,...

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Mistakes Do Not Equal Malpractice

In Composition Roofers Local v. Bernard N. KATZ, Esq. and Meranze and Katz, the court held that an attorney who advised a Union it could lawfully pay the attorneys' fees to defend its officers charged...

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An Attorney Is Not A Subdivision And Relief Must Be Reasonable

In Veneri v. Pappano, there were two take away points, one for attorneys who work for the government and the other for clients who feel they have been wronged by their attorneys. 622 A. 2d 977 (Pa....

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Collectibility or Uncollectibility: It Is Still By A Proponderance Of The...

In Kituskie v. Corbman, it is shown that in order to prevail in a legal malpractice claim arising out of a civil matter, the plaintiff must prove by a preponderance of the evidence that he or she...

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Monthly Column - Legal Malpractice Damages Analysis

When asked of what area of law this author focuses, "I represent victims of financial injury" is the "elevator speech." The follow-up inquiry (usually from other attorneys), is "but I thought you also...

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Malpractice Claims with Merit Must Haver Certificates Proving Such

If nothing else, this case shows that no matter how simple a malpractice case may seem, it is always useful to have two things, Certificates of Merit and an attorney. Edward Donnelly, proceeding pro...

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When Legal Malpractice is not Available...

Sabella v. Estate of Milides provides a very key point for those interested in legal malpractice claims. Mainly, if one feels they have been wronged by opposing counsel, they need not worry about the...

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Cause and Effect

Uberoi v. Stark & Stark (S & S) is not groundbreaking for the law it presents, but rather for the idea it reinforces in New Jersey legal malpractice claims. Often times, clients may believe...

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Starting off on the Right Foot.

Burns v. Drier, No. 2009-3763, 2010 WL 3398757, June 11, 2010 (Pa. Comm. Pl. Ct. 2012) is a case which shows how important it is to properly draft a complaint. Prior to instituting any lawsuit, the...

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I Tip My Hat to the New Constitution.

Giannini v. Rosenberg, No. 11-3542 (June 8, 2012 D.N.J.) is a case which examines the process of bringing a malpractice suit while an ethics charge is still pending. This case is being presented to...

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Be Careful What You Plead For

In MARX v. GENERAL REVENUE CORP., 668 F. 3d 1174 (2013), the United States Supreme Court affirmed a decision that was upheld by the Tenth Circuit. The District Court had ordered the losing plaintiff,...

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Products Liability in New Jersey

Knoster v. Ford Motor Company 2006 WL 2561234 (C.A.3 (N.J.)) is case where the Plaintiff filed claims under both the New Jersey Product Liability Act ("PLA") and the New Jersey Consumer Fraud Act....

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