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The Legal Intelligencer

'Goodyear' Puts Limit on Sanctions Remedy for Misconduct

Every jurisdiction's court (federal and state) has the authority to sanction a party and its counsel for litigation misconduct. These sanctions tend to divide based on severity—from most severe to least: sua sponte (a court's inherent authority); vexatious multiplication of proceedings; frivolity; and discovery noncompliance. Each of these degrees of sanctions carry with it attendant sanctions damages. Likewise, each requires a greater level of intent (i.e., from the intentional "defilement" of the court to neglect).
5 minute read

The Legal Intelligencer

Legal Ads Must Be Honest and Comply With the Rules

I noted billboards and other advertisements of a firm that is primarily based in Florida advertising in Pennsylvania. The firm features a picture of apparently the senior partner who states words to the effect, "I am your lawyer." They are advertising for personal injury cases. The ads give the impression that that lawyer will handle the cases. I am only aware of one office and one newly admitted lawyer in Pennsylvania for the firm. Is that ethical?
11 minute read

New York Law Journal

Firm's Engagement Letter Not Specific Enough to Beat Back Malpractice Suit

A Manhattan federal judge has refused to dismiss a $10 million legal malpractice suit against Seward & Kissel, finding that under the firm's broad terms in an engagement letter, its lawyers might have been expected to conduct due diligence on a party in a deal.
17 minute read

New Jersey Law Journal

Professional malpractice stability needed

Attorneys share their insights on what New Jersey's restrictive insurance market means to their practice and why pending legislation promoting professional malpractice fairness might help.
4 minute read

The Legal Intelligencer

Carefully Evaluate Whether Issues Involving Your Case Are 'Substantially Related'

In a conflict of interest where I represented a person previously, what does "substantially related" mean in terms of disqualification?
9 minute read

New York Law Journal

Decade-Old Suit Against Greenberg Traurig Appealed Again

Shortly after a Manhattan judge gutted a former hedge fund manager's potential damages against Greenberg Traurig, the judge has stayed the upcoming trial to allow for an appeal.
15 minute read

Texas Lawyer

So You've Been Sued by Someone You've Never Represented—Now What?

We've all been told that nonsense lawsuits from pro se litigants and former opponents are just "the cost of doing business."
10 minute read

Texas Lawyer

The Challenges of Proving Causation in a Litigation Malpractice Claim

Many of us remember the old adage: "if at first you don't succeed, try, try again." Recently the Texas Supreme Court noted in Rogers v. Zanetti, 518 S.W.3d 394 (Tex. 2017): "Legal malpractice is a land of second chances."
10 minute read

New Jersey Law Journal

Weinberg v. Scott E. Kaplan, LLC

Malpractice Claim Against Bankruptcy Counsel Dismissed Where Clients Failed to Raise Objection to Counsel's Fee Application in Bankruptcy Court
3 minute read

The Legal Intelligencer

Raynor's Suit Over $1M Sanction Is Tossed

A state court judge has tossed the civil suit attorney Nancy Raynor filed against the lawyers who sought to have her hit with a $1 million sanction over her handling of an expert in a medical malpractice case.
4 minute read

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