I settled a case recently right before jury selection. It was a legal malpractice case. My client had lost a good bit of money because the lawyer representing him in a real estate transaction did...
Most of us know that lawyers can sue doctors, nurses, engineers, architects and other professionals for damages and deaths they’ve caused though what legal jargon calls deviating from the...
A circuit court judge who is a friend of mine told me that he hates to see lawyers suing lawyers. I laughingly ask him if he would prefer that only plumbers sued lawyers. He shook his head and...
Your Virginia (VA) injury lawyer does not have to have liability insurance to cover you if he makes professional errors on your case. I know this sad fact from an article in Virginia Lawyers...
Magna Bank has finished highliting evidence in a legal malpractice lawsuit against Thompson Coburn after four weeks of testimony.The trial, which was on a three-day hiatus so presiding Judge Daniel J. Stack could attend a judicial conference in Chicago, resumed March 6. And in an odd twist Magna's lead lawyer, Rex Carr, was called to testify as a witness for the defense.Carr was asked several...
Surprising result in Webb v. Gittlen, a new opinion from the Arizona Supreme Court which holds that a professional negligence claim against an insurance agent is assignable. Although a long overdue holding, it highlights the badly misunderstood law concerning assignments, including the scope and justification of anti-assignment law (see my earlier article on Assignments vs. Liens in the...
I realize that a doctor getting sued for malpractice is disturbing to say the least but in it's most recent cases the Court's decision have gone too far in favor of making doctors a privileged litigation class. The Iowa Supreme Court's most recent decisions have not been kind to patient rights but instead have severely restricted the rights of surgical patients to bring suit following surgery....
How long should I wait to sue? Wait too long and you have no case and no one in the Court system will offer your any sympathy. The best advice is you shouldn't wait even one week. Why? Because there are so many rules created to defeat your case that only those who are trained in the law can possibly know the rules and how to preserve your claim.How long should I wait to sue? Wait too long and...
Personal injury is a broad area of the law having to do with civil wrongs to a person. People are "injured" in many ways. Some times it's not just about a bodily injury. It could be legal malpractice or libel and slander, it could be damage to a person's reputation or damage caused to a claim they have against another. It might even be damage to their business. We call it personal injury because...
There's a new case out this week from Division Two, Cullen v. Koty-Leavitt Insurance, which deals with the reasonable expectations doctrine in the UIM setting. The case is not particularly fascinating from a substantive perspective, but it raises questions about potential legal malpractice exposure.In sum, Cullen filed a UIM claim based upon the fact that his family was given the right to...
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