January 20, 2022 | The Legal Intelligencer
Justice Is Achieved Through Merits AdjudicationGreen 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 AbrogationDoes 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. DamagesThe 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 LimitationsAn 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 BattleTo 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 SystemDuring 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 CasesEvery 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 InterpretationThe 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
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