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Publications
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.
Restatement (Second) Contracts §302 requisite assert 3rd-party beneficiary breach of contract claim against atty can be satisfied w/out beneficiary named in Will/contract if situation shows intent for non-named beneficiary to benefit from contract/will.
The plaintiffs brought a legal malpractice action against the defendant attorneys for their alleged failure to properly prepare the testamentary documents for the Estate of Robert H. Agnew.
Case Law Alerts, 2nd Quarter, April 2015
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
The federal Graves Amendment preempted Florida statute § 324.021(9)(b)(2), Fla. Stat. (2007), which eliminated vicarious liability for certain categories of rental car companies.
The petitioner motorist sued the respondents driver, lessee and the leasing company, seeking damages for injuries suffered in a motor vehicle accident.
Case Law Alert - 3rd Qtr 2011