E-News

Case Summaries

Ethics & Professional Responsibility

[10/06] Gray v. Evercore Restructuring LLC
In a bankruptcy matter alleging gross negligence and breach of fiduciary duty for formulating and promoting an unworkable restructuring plan to the bankruptcy courts, judgment in favor of defendants is affirmed over claim that the district court erred in dismissing complain on in pari delicto defense grounds.

[10/06] Nunez v. US
Conviction on a drug offense is affirmed upon a collateral attack where: 1) defendant's guilty plea was knowing and voluntary, and so his waiver of his right to appeal was valid; and 2) an attorney's performance is not ineffective when, after his client has made a valid waiver of his right to appeal, the attorney ignores his client's direction to file a notice of appeal.

[09/29] Inquiry Concerning a Judge, No. 07-540 Re: Maxwell
Recommendation for a public reprimand is approved for a judge who secured the release of a domestic-violence defendant upon the personal request of a former colleague, despite defendant's being ineligible for pretrial release.

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Legal Malpractice

[09/30] Wood v. Jamison
In a malpractice action brought by the trustee of 78-year old decedent for defendant-attorney's role in performing legal services for client who convinced decedent that he was her nephew, judgment for damages, attorney's fees and costs based on legal malpractice, breach of fiduciary duty and financial abuse of an elder is affirmed where: 1) defendant failed to advise decedent of a conflict of interest; 2) defendant failed to advise decedent the investment was not appropriate for her, or at least to refer her to an independent investment advisor; and 3) defendant obtained an undisclosed profit from the transaction.

[09/26] Martinez-Partido v. Methodist Specialty and Transplant Hosp.
In a medical malpractice case, reversal of a finding that plaintiff's required expert reports were adequate is vacated and remanded for consideration of plaintiff's request for an extension of time to cure deficiencies.

[09/25] Wilkinson v. Zelen
In the context of legal malpractice actions stemming from an attorney's representation in an underlying criminal trial, a legal malpractice plaintiff must prove factual innocence and exoneration as to all transactionally related offenses comprising the basis for the underlying criminal proceeding in order to maintain a malpractice action.

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Professional Malpractice

[09/30] Wood v. Jamison
In a malpractice action brought by the trustee of 78-year old decedent for defendant-attorney's role in performing legal services for client who convinced decedent that he was her nephew, judgment for damages, attorney's fees and costs based on legal malpractice, breach of fiduciary duty and financial abuse of an elder is affirmed where: 1) defendant failed to advise decedent of a conflict of interest; 2) defendant failed to advise decedent the investment was not appropriate for her, or at least to refer her to an independent investment advisor; and 3) defendant obtained an undisclosed profit from the transaction.

[09/26] Martinez-Partido v. Methodist Specialty and Transplant Hosp.
In a medical malpractice case, reversal of a finding that plaintiff's required expert reports were adequate is vacated and remanded for consideration of plaintiff's request for an extension of time to cure deficiencies.

[09/25] Wilkinson v. Zelen
In the context of legal malpractice actions stemming from an attorney's representation in an underlying criminal trial, a legal malpractice plaintiff must prove factual innocence and exoneration as to all transactionally related offenses comprising the basis for the underlying criminal proceeding in order to maintain a malpractice action.

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