The question of whether legal malpractice claims can be assigned to third parties continues to be a contentious issue in the U.S. legal landscape. The divergent approaches of state courts have created a complex legal environment for practitioners and insurers alike. In the majority of jurisdictions, the assignment of legal malpractice claims is prohibited on…
The legal community is closely watching as a former Cornell University graduate student petitions the U.S. Supreme Court to review the dismissal of his case against Akin Gump Strauss Hauer & Feld LLP. The student accuses the firm of manipulating patent litigation to misappropriate his DNA sequencing intellectual property. This legal maneuver comes after lower…
In a decision that underscores the challenges plaintiffs face in proving legal malpractice, a New Jersey state appeals court has upheld the dismissal of a protracted lawsuit against Leeds Morelli & Brown LLP. The case revolved around allegations of inadequate arbitration advice, but the court found no compelling reason to overturn the lower court’s ruling….
The 1st Circuit Court of Appeals has breathed new life into a tech company’s legal malpractice suit against a mid-sized Boston intellectual property law firm. This development overturns a prior ruling by a Massachusetts federal judge that had dismissed the case. The appellate panel’s decision scrutinizes the lower court’s interpretation of the malpractice claims brought…
The First Circuit Court has revived legal malpractice claims by a Colorado tech company against a Boston-based intellectual property firm, marking a significant development in the case that highlights the complex nature of legal representation in patent law. Initially, a lower court had dismissed the claims on the grounds that they were time-barred, presuming the…
The U.S. Court of Appeals for the First Circuit has breathed new life into a legal malpractice claim filed by Hamilton Brook Smith & Reynolds PC against its former counsel, Regnante Sterio LLP. The decision, reported by Bloomberg Law, emphasizes the nuanced interpretation of professional responsibility within legal practices and offers a pertinent example for…
An attorney in Georgia has voluntarily surrendered his law license following a decision by the Georgia Supreme Court, which found his removal from the state bar necessary after he admitted to forging a court order on behalf of a client. This development reflects ongoing efforts within the legal community to uphold ethical standards and maintain…
The parents of a newborn who died shortly after birth have filed a lawsuit in Colorado state court, alleging that their legal representatives committed malpractice by failing to meet statutory deadlines for filing a wrongful death action on behalf of their son. This case underscores the critical importance of adhering to procedural timelines in wrongful…
A former client of Benesch Friedlander Coplan & Aronoff LLP has pressed the Seventh Circuit to reinstate her legal malpractice suit, asserting that the district court applied an excessively stringent pleading standard when dismissing her case. The plaintiff contends that the firm mishandled what could have been a significant trade secrets theft claim. According to…
The Pennsylvania Superior Court recently upheld a decision in favor of Offit Kurman and two of its attorneys, granting summary judgment in a $40 million legal malpractice lawsuit. This development came as a relief to the mid-Atlantic law firm, which was accused of mishandling a business dispute, leading to substantial financial losses for the plaintiff….
In a pivotal ruling, a Massachusetts appellate court recently confirmed that a convicted embezzler failed to file legal malpractice claims against her attorneys within the permissible timeframe. The defendant, who accused her attorneys of mishandling her defenses in both criminal and civil matters, argued for the application of a six-year statute of repose for breach…
In a recent legal maneuver, a law firm has petitioned a Louisiana federal court to dismiss a proposed class action lawsuit. The suit accuses the firm of orchestrating a scheme to levy exorbitant fees on property insurance claims linked to hurricanes. The firm argues that the complaint inadequately outlines a certifiable class and consists of…
The U.S. Supreme Court recently ruled against applying a state’s affidavit requirement in a federal legal malpractice case, underscoring the ongoing tension between state and federal procedural rules. This decision marks a significant moment in the relationship between state-imposed legal obligations and their applicability in federal court proceedings. The case in question involved a malpractice…
The recent decision to revive a legal malpractice suit over contract language underscores the nuanced challenges attorneys face in drafting contractual agreements. This development arose from an appeal in which the plaintiff argued that their legal representation failed to ensure that crucial contract terms were adequately defined, leading to significant financial repercussions. In this case,…
In a recent statement that has stirred considerable attention within the legal community, a federal judge in New York has raised questions about whether avoiding the use of artificial intelligence (AI) in legal practice could eventually be deemed malpractice. This commentary comes in the wake of technology increasingly permeating the legal industry, from research and…
In a recent development, Jackson Walker LLP has urged a Texas federal court to reconsider its decision to delay reviewing malpractice settlements related to former bankruptcy clients. The law firm argues that addressing these settlements before the pending fraud trial could result in significant savings of time and resources for all parties involved. This request…
The arrest of a Florida resident accused of orchestrating a $5 million Bitcoin escrow scheme has highlighted vulnerabilities in the legal handling of digital assets. Investors allege that the individual purportedly exploited a law firm’s position as an escrow agent to misappropriate significant funds. This incident underscores the critical importance of law firms having a…
A consulting company based in Colorado has raised allegations of legal malpractice against an Am Law 200 firm and a now-defunct law firm, claiming the mishandling of a lending transaction resulted in a $10 million loss. This accusation was brought to a state court, spotlighting significant financial and reputational implications for the firms involved. As…
Recent appellate decisions have highlighted the potential for using collateral estoppel as a defense against legal malpractice claims. Collateral estoppel, or issue preclusion, prevents the re-litigation of issues that a court has already decided. Leveraging this doctrine can be particularly effective in protecting attorneys from claims that hinge on previously resolved issues. In practice, estoppel-based…
In recent years, appellate courts have increasingly considered the use of collateral estoppel as a defense strategy in legal malpractice claims. This approach reinforces the finality of previous verdicts, preventing relitigation of issues already decided in earlier cases. The practical application of this doctrine can significantly alter the landscape of malpractice litigation. Collateral estoppel, sometimes…
In a developing legal confrontation, former executives from the e-commerce firm Volusion LLC have initiated legal malpractice litigation against the prominent law firm, Jackson Walker LLP. This legal action, filed on November 5, 2025, is rooted in claims of an undisclosed personal relationship between a then-partner at Jackson Walker and a Texas bankruptcy judge, a…
A complex legal battle is unfolding as a group of cannabis companies alleges that the law firm Hinckley Allen & Snyder LLP engaged in malpractice, causing them over $25 million in damages. The allegations center around claims that Hinckley Allen, during a 2017 investor suit, prioritized the interests of a manager over those of the…
Attorneys are bound by ethical standards designed to uphold the integrity of the legal profession and protect client interests. Violations of these standards can lead to disciplinary actions, including suspension or disbarment. However, whether such violations provide a direct cause of action for clients seeking civil remedies is a nuanced issue. The American Bar Association’s…
Troutman Pepper Hamilton Sanders LLP is currently embroiled in a legal dispute involving a healthcare technology company that has accused the law firm of malpractice. This case has escalated to the point where the company is urging a New Jersey state judge to compel the law firm to cover over $3.5 million in counsel fees…
A legal malpractice suit against McCarter & English LLP has gained renewed attention as a biotech company recently appealed to a New Jersey appellate panel, seeking to revive its case. The biotech firm argues that its claims of malpractice are independent of McCarter & English’s efforts to recover unpaid fees from the company. This legal…