Legal Updates for Lawyers’ Professional Liability – RESULTS*

Kimberly House and Oswald Clark (both of Philadelphia, PA) successfully defended against the plaintiffs’ appeal from a verdict obtained by Aaron Moore and Alesia Sulock (both of Philadelphia, PA). Aaron and Alesia defended our client against a legal malpractice claim brought by the plaintiffs. During the case, the trial court partially granted Aaron’s and Alesia’s motion for judgment on the pleadings, which dismissed several tort claims and a claim for unfair trade practices. The matter then proceeded to trial on the remaining breach of contract claim. The jury returned a verdict in favor of our client, and the plaintiffs appealed. On appeal, the plaintiffs challenged the trial court’s rulings on the motion for judgment on the pleadings and a motion in limine which purportedly precluded the plaintiffs from introducing certain evidence. The Superior Court affirmed in a unanimous decision and held that the plaintiffs’ tort claims were barred by the statute of limitations and that the plaintiffs’ argument regarding the trial court’s decision on the motion in limine was waived because they failed to properly develop the argument in their appellate brief.

Jack Slimm and Jeremy Zacharias (both of Mount Laurel, NJ) successfully defended an appeal of a legal malpractice action in the New Jersey Appellate Division. The action was tried in Burlington County, New Jersey, and arouse out of the plaintiff’s claims regarding our client’s settlement of underlying equitable distribution and alimony claims in connection with the plaintiff’s ownership of an ultrasound company. 

Josh J.T. Byrne (Philadelphia, PA) received a unanimous decision from the Supreme Court of Delaware affirming the trial court’s decision dismissing a legal malpractice case arising out of an underlying class action settlement.  The Supreme Court agreed with the arguments made on behalf of the defense that the underlying court’s approval of the claims administrator process and the underlying court’s finding that the class representation was adequate both preclude a legal malpractice claim arising out of client dissatisfaction with the settlement and claims process.

Josh J.T. Byrne and Jacob Schultz (both of Philadelphia, PA) obtained dismissal of claims in a civil rights action brought against their attorney client in the Middle District of Pennsylvania. The plaintiff brought claims for Deprivation of Rights (42 U.S.C. § 1983), Conspiracy Against Rights (42 U.S.C. § 1985) and Civil Conspiracy against their client. Jake and Josh filed a motion to dismiss pursuant to F.R.C.P. 12(b)(6), arguing that the plaintiff had failed to state a claim upon which relief could be granted. The Magistrate Judge agreed, issuing a report and recommendation for the claims to be dismissed, which the District Judge then adopted as the court’s decision. No timely appeal was taken.

Josh J.T. Byrne (Philadelphia, PA) achieved an informal admonition, the lowest form of discipline which is non-public, for a lawyer client in a matter that involved alleged failures to appropriately represent clients and timely file appeals in six different criminal matters.

*Prior Results Do Not Guarantee a Similar Outcome