The Tenth Circuit Court of Appeals has modified the dismissal of a legal malpractice action to be “without prejudice” rather than “with prejudice”. In Bryner v. Lindberg a client brought a case in a Utah state court, alleging federal claims against several defendants as well as a legal malpractice claim…
A Texas appeals court has affirmed a summary judgment granted for an attorney in a legal malpractice action because the client failed to meet the required standard of proof in the case as to causation and damages. In Orcutt v. Goldberg, a client sued her former attorney for malpractice resulting…
A Florida appeals court has affirmed a summary judgment granted for an attorney on the basis that the Florida two year statute of limitations for legal malpractice claims had expired prior to the filing of the complaint. In McLeod v. Bankier, a client sued an attorney for failing to timely…
The U.S. District Court for the Middle District of Florida has dismissed a legal malpractice action, while granting leave to file a second amended complaint. In Mengle v. Goldsmith, a real estate investor brought an action against an attorney who represented the non-party real estate developer. The Chicago law firm…
The U.S. Court of Appeals for the Eighth Circuit has reversed the dismissal of a legal malpractice case, which had been dismissed below based on a statute of limitations bar. In Joyce v. Armstrong Teasdale, LLP, a client sued a law firm, which represented him and a company jointly owned…
A California Appeals Court has affirmed a lower court’s denial of a motion to compel arbitration in a legal malpractice action. In Augusta v. Keehn & Associates, a client moved to compel arbitration six and one half months after filing a complaint against his former attorney. The client had filed…
The U.S. Court of Appeals for the Federal Circuit has ruled that it lacked jurisdiction to entertain an appeal of a remand order by a U.S. District Court in a legal malpractice suit. In ARC Products, LLC, v. Kelly, a company brought a legal malpractice claim against its former attorney…
An appellate court in Louisiana has affirmed a judgment in a legal malpractice case, which included damages for mental anguish. In Anthony v. Yokum, a client sued her former attorney for legal malpractice arising from his representation in a personal injury matter. The client’s case was settled and the attorney…
An appellate court in California has dismissed an appeal brought in a legal malpractice action seeking a waiver from paying court fees and costs. In Garmallo v. Daley, a client brought a legal malpractice suit against his former attorney. Upon filing his complaint, the client filed a fee waiver request.…
The Supreme Court of Arkansas has affirmed a summary judgment granted for an attorney in a legal malpractice case. In Evans v. Hamby, a client claimed that his former attorney negligently represented him during a case brought by a creditor seeking to collect on a promissory note against the client’s…