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Matthew B. Weisberg

Matthew B. Weisberg

January 20, 2022 | The Legal Intelligencer

Justice Is Achieved Through Merits Adjudication

Green v. Trustee of the University of Pennsylvania (Appeal of Jared A. Jacobson), A.3d, (Pa.Super.), reversed the uncontested motion for sanctions against plaintiffs counsel (Jacobson) following the counsel's failure to both file a certificate of merit and respond in opposition to the motion for sanctions.

By Matthew B. Weisberg

5 minute read

September 23, 2021 | The Legal Intelligencer

Is Suicide an Independent Intervening Cause Relieving Attorneys From Liability?

As attorneys whom focus much of our practice on plaintiff (client-consumer) attorney liabilities (specifically, legal malpractice), we see many forms of damages.

By Matthew B. Weisberg

5 minute read

August 12, 2021 | The Legal Intelligencer

Muhammad's 'Settle and Sue' Prohibition: Arguing for Abrogation

Does Muhammad's "settle and sue" prohibition—against legal malpractice plaintiffs from bringing a legal malpractice action thereafter settlement—prohibit a legal malpractice action upon an underlying action's compromised settlement arising from attorney defendants' legal defects, in the absence of fraud?

By Matthew B. Weisberg

5 minute read

June 17, 2021 | The Legal Intelligencer

Legal Malpractice Statute of Limitations: Occurrence vs. Damages

The statute of limitations for an action in legal malpractice is: negligence—two years; and breach of contract—four years.

By Matthew B. Weisberg

5 minute read

March 18, 2021 | The Legal Intelligencer

Evolving Statute of Limitations in Legal Malpractice Cases

"In the beginning …," the statute of limitations for legal malpractice appeared clear: two years commencing from final disposition of the underlying action.

By Matthew B. Weisberg

4 minute read

December 10, 2020 | The Legal Intelligencer

'Gist of the Action Doctrine' as Applied to the Statute of Limitations

An action in legal malpractice negligence has a two-year statute of limitations. An action in legal malpractice breach of contract has a four-year statute of limitations.

By Matthew B. Weisberg

4 minute read

September 17, 2020 | The Legal Intelligencer

A Primer on Attorney Liabilities: Be Prepared for Battle

To meet the elements of a legal malpractice action the claimed malpracticing attorney must be demonstrated as having deviated from the standard of care. The mere happening of a "mal"—result does not equate to "mal"—practice. An attorney is immune upon the exercise of reasoned "professional judgment."

By Matthew B. Weisberg

7 minute read

June 11, 2020 | The Legal Intelligencer

COVID-19 Illustrates 'Glaring' Issues in Pa. Court System

During this pandemic, the nonuniform (i.e., county-by-county) nature of Pennsylvania's court systems and rules of practice were—and are—glaring.

By Matthew B. Weisberg

6 minute read

March 12, 2020 | The Legal Intelligencer

Professional Judgment Immunity in Legal Malpractice Cases

Every professional has the right to use their "professional judgment." That is, a mal result does not necessarily mean malpractice if the adverse result was causative of the use of the professional's judgment.

By Matthew B. Weisberg

8 minute read

September 12, 2019 | The Legal Intelligencer

The Dragonetti Act: A Tale of Statutory Interpretation

The common law cause of action for wrongful use of civil proceedings has been codified at 42 Pa.C.S.A. Section 8352, et seq. The statute is referred to as the Dragonetti Act.

By Matthew B. Weisberg

6 minute read