The Massachusetts Appeals Court, which is located in Boston, has affirmed the dismissal of a legal malpractice action and summary judgment of a related quantum meruit claim. A woman provided care to her stepfather during the last years of his life. She had hoped that she and her children would…
In Massachusetts, professional negligence claims against an attorney must be filed within three years (M.G.L. c. 260 § 4). Fraud claims also have a three year statute of limitations (M.G.L. c. 260 § 2A). However, these periods do not begin to run until a client’s discovery of the actionable conduct.…
In all jurisdictions, including Massachusetts, a plaintiff cannot maintain a malpractice claim against an attorney unless an attorney-client relationship exists. Spinner v. Nutt, 417 Mass. 549 (1994). Lawyers hired to advise trustees of trusts owe a duty of care to beneficiaries and other third parties only in rare circumstances. Id.…
Under Massachusetts law, issues that have already been decided in a court of competent jurisdiction cannot be re-litigated in a subsequent action considering the same issue. Jarosz v. Palmer, 436 Mass. 526, 530 n.3 (2002). This holds true in most jurisdictions, including New Mexico, as summarized below. A New Mexico…
The attorney, provides the following case summary: The Supreme Court of North Dakota has affirmed a trial court’s decision granting an attorney’s motion for summary judgment in a legal malpractice suit. In Johnson v. Bronson, a woman hired an attorney to represent her at a hearing to determine if she…
The attorney, provides the following summary of a recent legal malpractice lawsuit: A New York appellate court has affirmed a trial court’s decision denying a lawyer’s motion for summary judgment in a legal malpractice case. In Angeles v. Aronsky, a man was attacked in the entryway to his apartment building.…
The attorney, provides this analysis of a legal malpractice action against a New York lawyer: A New York appellate court has affirmed a trial court’s decision granting summary judgment for an attorney in a legal malpractice action because the client could not prove that the attorney’s conduct caused him harm.…
The attorney, provides the following summation of a recent legal malpractice lawsuit: A California appellate court has affirmed a trial court’s decision in a legal malpractice action holding that an attorney was entitled to judgment because the client failed to present expert testimony demonstrating the attorney’s negligence. In Massachusetts, the…
The attorney, provides the following explanation of a recent legal malpractice case: The United States District Court for the Middle District Pennsylvania has affirmed a recommendation from a magistrate judge denying a motion for summary judgment in a legal malpractice suit. In Lefta Associates v. Hurley, a client hired an…
The attorney, provides the following synopsis of a legal malpractice action: The Appeals Court of Louisiana has affirmed a lower court’s decision dismissing a legal malpractice action on the basis that it was time barred. In Williams v. CDY Development Corp, a tenant hired an attorney to renegotiate a commercial…