News & Resources
The materials contained on this website have been prepared by Jordan Coyne LLP for informational purposes only, and should not be considered as legal advice as to any specific matter or transaction. Readers should consult a knowledgeable attorney, licensed in their home state, for advice. These materials may not reflect the most current legal developments, verdicts or settlements. The descriptions of the resolutions of certain matters should in no way be taken as an indication of future results; litigation is inherently unpredictable.
Award of Permanent Partial Impairment by Virginia Commission Is Voided On Appeal
April 10th, 2009
In Hitt Construction v. Pratt, 53 Va. App. 423, 672 S.E.2d 904 (Va. App. Feb. 17, 2009), the Court held that for the Virginia Workers Compensation Commission to exercise its review authority under the Act, when that authority is timely challenged, it must be composed of three statutorily authorized members. As a result, a d…
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In Virginia, An Error of Judgment, or Even Negligence, Does Not Show Bad Faith By Insurer
April 9th, 2009
In Goldstein v. National Casualty Company, 2008 U.S. Dist. Lexis 58129 (W.D. Va. July 28, 2008), Judge Kiser granted the insurer’s motion for summary judgment on an insurance bad faith claim. The claim arose from an excess judgment. The insured was a truck driver who was involved in an accident as he was attempting to…
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Legal Malpractice Suit in D.C. Dismissed For Plaintiff’s Lack of Expert Testimony
April 8th, 2009
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 million…
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Legal Malpractice Insurance Policy Rescinded Due To Fraud in the Application
April 7th, 2009
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 Insu…
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Legal Malpractice Suit Dismissed Following Daubert Challenge to Mold Expert
April 7th, 2009
In Young v. Burton, 567 F.Supp.2d 121 (D.D.C. July 22, 2008), the plaintiffs filed a legal malpractice claim based on the defendants’ alleged failure to file a timely personal injury lawsuit. The underlying suit was a claim for damages suffered by plaintiffs as a result of exposure to toxic mold while residing at an a…
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Maryland Court of Appeals Holds That Co-Counsel Owes No Tort Duty to Referring Counsel
April 5th, 2009
In Blondell v. Littlepage, No. 16, Sept. Term, 2008 (Md. March 30, 2009), the Court held that a plaintiffs’ co-counsel, who advised the clients to settle the medical malpractice claim, owed no tort duty to referring counsel. After the settlement, the referring counsel sued co-counsel, asserting negligence, fraud, brea…
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Legal malpractice: Defense of Judgmental Immunity Recognized in D.C.
April 5th, 2009
In Biomet, Inc. v. Finnegan Henderson LLP, No. 07-CV-813 (D.C. March 19, 2009), the Court formally recognized the defense of judgmental immunity in legal malpractice actions. Concerning this defense, the Court stated the following: Essentially, the judgmental immunity doctrine provides that an informed professional judgment…
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