News & Blog

The “No Harm, No Legal Mal” Defense

By Will Jordan In a legal malpractice case arising out of an attorney’s allegedly negligent handling of litigation, the crux of the legal malpractice case is proving that the outcome of the underlying case should have been different but for the attorney’s negligence. When a legal malpractice case arises out of allegedly negligent advice given […]

Continue Reading →

The Case-Within-A-Case-Within-A-Case

By Will Jordan Remember that movie Inception? Truth be told, we could no more summarize its plot than read War and Peace in its original Russian. But, we know it had something to do with dreams within dreams within . . . you get the point. Today, we turn our attention to the Inception of […]

Continue Reading →

Pennsylvania Legal Mal Case Dismissed for Discovery Abuse

By Will Jordan Law360 reports on the dismissal of a legal malpractice case due to discovery abuses by the plaintiffs. The plaintiffs alleged their attorneys incorrectly calculated the applicable statute of limitations for an underlying medical malpractice claim. After what appears to have been repeated failures to comply with the court’s discovery orders, including failing […]

Continue Reading →

Staying the Legal Mal Case Pending Appeal of the Underlying Case

By Will Jordan There’s an interesting article at law360.com about an ongoing legal malpractice lawsuit filed by the developers of a Native American casino project in Oklahoma. The developers brought suit in the fall of 2013, claiming the firm’s negligent representation resulted in a federal court granting a temporary injunction against the proposed casino. At […]

Continue Reading →

The Case-Within-A-Case Analysis is Objective, Not Subjective

By Will Jordan It’s a quiet day in the world of legal malpractice court decisions . . . nothing of great interest for us to report. Sigh. So, we’ll take this opportunity to remember an important feature of the familiar case-within-a-case doctrine: the standard is objective, not subjective. Courts have recognized that the test under […]

Continue Reading →