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Punitive damages awarded against attorney in legal malpractice action where attorney found to be derelict in providing representation to client.

The trial court, in a rare action, granted summary judgment to the plaintiffs in this legal malpractice action, finding that reasonable minds could not disagree that the defendant attorney had committed malpractice sounding in both negligence and Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Gist of the action doctrine bars legal malpractice claim sounding in breach of contract when no breach of specific contractual promise is alleged.

The trial court dismissed the plaintiff’s legal malpractice claim sounding in breach of contract where the amended complaint did not allege facts to support that the defendant law firms breached any “specific executory promise.” The plaintiff alle Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Deliberate indifference claim under 42 USC § 1983 for denial of medical care requires evidence that defendant had some subjective knowledge that inaction would pose serious risk to inmate and jail officer still ignored it.

A pre-trial detainee stated claims under 42 USC section 1983 for failure to provide medical care against jail officers. The District Court granted summary judgment to the jail officers. The U.S. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Summary judgment granted and entitlement to good faith immunity pursuant to the New Jersey Tort Claims Act and due to plaintiff’s failure to establish causation.

The Estate alleged that the Piscataway Police Department and its officer failed to recognize Yearby’s mental illness, which led to his death at the Middlesex County Correctional Facility. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole