» Legal Malpractice

Legal malpractice insurer breached duty to defend, affirms 4th Circuit

In Minnesota Lawyers Mutual Insurance Co. v. Batzli, Nos. 10-1684, 10-1839, 10-1910 (4th Cir. Aug. 4, 2011)(unpublished), the 4th Circuit affirmed the trial court’s denial of a post-trial motion for judgment as a matter of law, made by the insurer, that challenged the jury’s verdict that the insurer breached its… Read More
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Judicial interpretation of "business enterprise" exclusions in lawyers professional liability policies

It is well-settled that courts will enforce “business enterprise” exclusions, sometimes also called “business pursuit” exclusions, in lawyers professional liability policies. The general approach taken has been to apply the plain meaning of the terms of the exclusions, with reference both to the reas… Read More
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Legal and tax malpractice summary judgment reversed by D.C. Court of Appeals

In Pair v. Queen, No. 08-CV-1646 (D.C. Aug. 26, 2010), the Court reversed the trial court’s award of summary judgment to the attorney who allegedly was responsible for a million dollar tax bill from the IRS. The relationship between the Pairs and Mr. Queen broke down after Mr. Queen informed appellants that the Dist… Read More
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Legal Malpractice Claim Arising From Criminal Representation Barred By Collateral Estoppel

In Johnson v. Sullivan, the Court dismissed a legal malpractice claim arising out of prior criminal representation, based in part on the doctrine of defensive collateral estoppel. The plaintiff brought a legal malpractice action against his former criminal attorneys, who had represented him at trial and in post-trial procee… Read More
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Legal Malpractice Claim Barred by Virginia Statute of Limitations

In Van Dam v. Gay, No. 091659 (Va. Sept. 16, 2010), the Court affirmed the trial court’s award of summary judgment to an attorney in a legal malpractice case based on the statute of limitations. The alleged malpractice involved the representation of the former wife in a divorce case. As part of the divorce settlement… Read More
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Legal malpractice opinion addresses superseding cause in Virginia

In Williams v. Joynes, 278 Va 57, 677 S.E.2d 261 (2009), the Supreme Court of Virginia reversed the Circuit Court’s ruling that plaintiff’s failure to file a personal injury action in a foreign jurisdiction was a superseding event sufficient to sever the link of proximate causation between the defendants’… Read More
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Legal Malpractice Claim Against Immigration Attorney Is Dismissed

In Baserva v. Remes, et al, 2009 U.S. Dist. LEXIS 63597 (E.D. Va. 2009), a legal malpractice action, the plaintiff, a non-U.S. citizen, sued his former attorney for damages arising out of the plaintiff’s detention by immigration authorities. Mr. Baserva filed suit in 2008 against his attorney in connection with t… Read More
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Legal Malpractice opinion in D.C. declines to follow exhaustion of appeals rule

In Bleck v. Power, 955 A.2d 712 (D.C. Sept. 4, 2008), the D.C. Court of Appeals affirmed the trial court’s ruling that the plaintiff’s malpractice suit was barred by the three-year statute of limitations. The issue was when the cause of action for legal malpractice accrued. The legal malpractice suit arose out… Read More
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Legal Malpractice Suit in D.C. Dismissed For Plaintiff’s Lack of Expert Testimony

In Footbridge Limited Trust v. Zhang, 584 F.Supp. 2d 150 (D.D.C. Nov. 5, 2008), Judge Kollar-Kotelly dismissed a legal malpractice suit due to plaintiff's lack of expert testimony to support the claim. The suit arose out of a real estate closing in which the plaintiff had loaned certain non-party borrowers $1.5 mill… Read More
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Legal Malpractice Insurance Policy Rescinded Due To Fraud in the Application

In Minnesota Lawyers Mutual Ins. Co. v. Hancock, 2009 U.S. Dist. LEXIS 20536 (E.D. Va. March 3, 2009), Judge Henry E. Hudson granted summary judgment in an insurer’s rescission action based on fraud in the application. The policy at issue was a legal malpractice insurance policy issued by Minnesota Lawyers Mutual Ins… Read More
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