September 15, 2016 | The Legal Intelligencer
The 'Muhammad Doctrine' Settle and Sue Prohibition RevisitedPreviously, this column on attorney liabilities discussed the "Muhammad Doctrine." In Muhammad v. Strassburger, 587 A.2d 1346 (1991), the Pennsylvania Supreme Court held that there can be no legal malpractice cause of action arising from negligent settlement valuation.
By Matthew B. Weisberg
17 minute read
June 16, 2016 | The Legal Intelligencer
Attorney Liability Actions: Case and Client ManagementIn my prior column within the ongoing attorney liability series, I discussed the importance of pleadings. That is, it is important to plead with hyper-specificity notwithstanding it is well-settled in Pennsylvania that factual conclusions suffice to surmount the inevitable preliminary objections for lack of specificity. Specificity in pleadings is important not only to overcome preliminary objections but also as to any and all objections that may arise during litigation and at trial.
By Matthew B. Weisberg
13 minute read
March 27, 2016 | The Legal Intelligencer
Prosecuting a Legal Malpractice Action: Part I—PleadingTraditionally, an action in attorney-caused client harm sounds in three counts:
By Matthew B. Weisberg
14 minute read
January 14, 2016 | New Jersey Law Journal
A Look at Malicious Use of Process: Getting Sued for Filing a LawsuitNew Jersey recognizes a common law counter-action for malicious prosecution arising from an underlying civil proceeding: "malicious use of process."
By Matthew B. Weisberg
6 minute read
January 14, 2016 | New Jersey Law Journal
A Look at Malicious Use of Process: Getting Sued for Filing a LawsuitNew Jersey recognizes a common law counter-action for malicious prosecution arising from an underlying civil proceeding: "malicious use of process."
By Matthew B. Weisberg
6 minute read
November 29, 2007 | Law.com
Multijurisdictional Foreclosure Litigation and the Foreclosure ExplosionIn January 2006, 103,540 properties nationwide entered some stage of foreclosure. This was a 27 percent increase from the month prior and a 45 percent increase from January 2005.
By Matthew B. Weisberg
9 minute read
November 21, 2011 | Texas Lawyer
Understanding Damages and Cause of Action RelationshipsBefore beginning a remedies analysis, a legal malpractice practitioner must first understand the relationship between damages and the cause of action itself.
By Matthew B. Weisberg
7 minute read
November 22, 2011 | The Legal Intelligencer
Understanding Damages and Cause of Action RelationshipsBefore beginning a remedies analysis, a legal malpractice practitioner must first understand the relationship between damages and the cause of action itself.
By Matthew B. Weisberg
7 minute read
November 01, 2011 | Texas Lawyer
Does Settlement Preclude Legal Malpractice?Instinctively, it is generally been felt that settlement of an action cures all.
By Matthew B. Weisberg
7 minute read
November 01, 2011 | The Legal Intelligencer
Does Settlement Preclude Legal Malpractice?Instinctively, it is generally been felt that settlement of an action cures all. Certainly, courts promote settlement (especially nowadays, toward the ever-declining percentage of cases tried).
By Matthew B. Weisberg
7 minute read