Category: Legal Malpractice Claims

FTCA Whistleblower Wins $183M Against Ely Lilly

Illinois Appellate Court Affirms Summary Judgment For Law Firm In Legal Malpractice Case Involving Underlying Medical Malpractice Case

On May 6, 2022, the Appellate Court of Illinois First District Sixth Division (“Illinois Appellate Court”) affirmed summary judgment for a law firm that the plaintiff alleged committed legal malpractice in representing her in a medical malpractice case, holding, “plaintiff…
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IVC Filter Plaintiffs Attorney’s Neglect Results In Dismissal Of Four Plaintiffs’ IVC Filter Claims

The United States Court of Appeals for the Seventh Circuit stated in its February 28, 2022 opinion in four MDL IVC filter ligation cases, “Lawyers make mistakes. Sometimes they are small and fixable. Other times the consequences are inescapable. Unfortunately…
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Plaintiff Failed To Prove Causation In Maryland Legal Malpractice Case Arising From Medical Malpractice Case

In Maryland, to prevail on a legal malpractice claim, a former client must prove: (1) the attorney’s employment, (2) the attorney’s neglect of a reasonable duty, and (3) loss to the client proximately caused by that neglect of duty. Trial-Within-A-Trial…
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$5M Legal Malpractice Verdict Reduced To $250K Against Florida Medical Malpractice Law Firm

In its November 6, 2020 opinion, the District Court of Appeal of Florida Second District (“Florida Appellate Court”) held: “Because the Pollocks introduced evidence that only established that a judgment of $250,000 was collectable, we reverse and remand for a…
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New Jersey Appellate Court Dismisses Legal Malpractice Case Against Successor Medical Malpractice Lawyer

In a legal malpractice case arising out of a botched medical malpractice case, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) applied the three-step sequential analysis of Beauchamp v. Amedio, 164 N.J. 111, 118 (2000) to…
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Minnesota Appellate Court Affirms Dismissal Of Legal Malpractice Lawsuit Arising From Medical Malpractice Claim

The State of Minnesota Court of Appeals (“Minnesota Appellate Court”), in its unpublished opinion dated April 13, 2020, held, “we conclude that the district court did not abuse its discretion by denying the Ruizes’ motion for continuance. While the result…
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Arizona Bankruptcy Lawyer Agreed To Handle Arizona Medical Malpractice Case And Suffered The Consequences For His Inexperience And Wrongful Conduct

An Arizona lawyer whose speciality was bankruptcy got involved in representing six creditors in a Chapter 7 bankruptcy case involving an Arizona doctor. Meanwhile, through separate counsel, two of the creditors filed an Arizona medical malpractice lawsuit against the doctor….
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Pennsylvania Appellate Court Revives Legal Malpractice Case Arising From Two Medical Malpractice Lawsuits

In a legal malpractice case decided by the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) on March 30, 2020, the defendant Pennsylvania medical malpractice lawyer and his law firm had represented the plaintiffs in two Pennsylvania medical malpractice lawsuits: one…
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$1.2M Colorado Legal Malpractice Verdict For Missed Statute Of Limitations In Medical Malpractice Case

A Colorado jury has awarded a woman who claimed her Colorado medical malpractice lawyer failed to file her medical malpractice case before the statute of limitations expired $1.2 million in damages against her former lawyer. The woman further claimed that…
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Colorado Supreme Court Holds Plaintiff Must Prove Collectibility In Legal Malpractice Case

In its opinion filed on January 28, 2019, the Supreme Court of the State of Colorado (“Colorado Supreme Court” ) held that in a legal malpractice action based on the defendant attorney’s alleged failure to timely file the plaintiff’s underlying…
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