JUDGE SUBSTITUTION: Legal malpractice Plaintiffs had actual notice of McLean’s assumption of jurisdiction, not prejudiced by Clerk’s failure to serve notice, McLean retained jurisdiction following Supreme Court remand for damages trial, Plaintiffs failed to move for substitution within 20 days of remittitur, substitution properly denied… McLean affirmed. [Read more…]
Legal malpractice, defense verdict, lost med-mal
LEGAL MALPRACTICE: Jury improperly instructed to decide whether Plaintiffs would have actually settled med-mal claim stemming from C-section loss of child had claim not been lost by statute of limitations, when MSC required only whether it was probable that they would have recovered a settlement… experts established that they probably would have recovered a settlement, remanded for new trial on likely value of a settlement… defense verdict reversed, McLean reversed. [Read more…]
Subpoena duces tecum, improper service
Petitioner challenging former attorney’s fee lien had no obligation to produce documents at deposition because he was not personally served by a non-party, contempt/ sanctions denied… Sandler. [Read more…]
Guardianship, brother/sister-in-law v. husband
GUARDIANSHIP: Brother and sister-in-law properly named in place of husband… fees properly awarded to guardians for frivolous petitions… Krueger affirmed. [Read more…]
Legal malpractice, untimely MLP filing
LEGAL MALPRACTICE: Causation analysis clarified, attorney’s negligence is cause of injury if chain of events uninterrupted from act to injury, causation satisfied by proof that negligence was cause-in-fact, injury would not have occurred “but for” conduct, only when attorney alleges chain severed by [Read more…]
Sanctions, $1,685, counsel unprepared for PPTC
SANCTIONS: $1,575 fees, $110 mileage to opposing counsel for vacated PPTC for which Plaintiffs’ counsel was unprepared… counsel chose payments over dismissal without prejudice… Molloy. [Read more…]
Arbitration/courts, LPN discharge, successor judge
ARBITRATION/COURTS: Successor judge properly granted renewed summary judgment motion… arbitration panel had power to consider procedural issue of whether employee was given proper termination notice regardless of whether parties agreed there were no procedural issues… public policy violation exception (LPN’s alleged impairment) to [Read more…]
Defense verdict, failure-to-yield auto, brain
VERDICT: Defense, failure-to-yield auto, admitted liability, claimed traumatic brain injury sustained by psychologist. [Read more…]