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Breach of Contract Cause of Action Dismissed as Duplicative of Legal Malpractice Claim.

In the underlying matter, the plaintiff, a police officer employed by the Metropolitan Transit Authority (MTA), asserted two claims under the Federal Employers' Liability Act (45 U.S.C. § 51 et seq.). Legal Update for Lawyers’ Professional Liability – May 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Negligent Infliction of Emotional Distress and Breach of Fiduciary Duty Claims Dismissed

The plaintiff, a property seller, commenced this action on the grounds that the defendant, his attorney, failed to provide proper legal representation with respect to his sale of real property. Legal Update for Lawyers’ Professional Liability – May 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

An Expert Requirement for Dragonetti Act Cases?

There is a move in federal courts applying Pennsylvania law towards requiring a plaintiff in Wrongful Use of Civil Proceedings Act (Dragonetti Act) cases to supply expert testimony to survive summary judgement. Legal Update for Lawyers’ Professional Liability – May 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Delaware Superior Court Dismissed Plaintiff’s Legal Malpractice Claims Because He Failed To Identify an Expert Witness Who Would Support His Claims at His Forthcoming Jury Trial.

In Weiner v. Holfeld, 2021 WL 5577255 (Del. Super. Ct. Nov. 30, 2021), the plaintiff claimed that expert testimony was not necessary because the matter at issue involved obvious common sense and public knowledge. The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.

Pennsylvania Superior Court Reminds Law Firms to Pay Attention to Potential Conflicts

The Pennsylvania Superior Court recently reviewed a law firm’s obligations to one of its attorney’s former clients pursuant to Pennsylvania Rule of Professional Conduct 1.10(b) in Darrow v. PPL Elec. Utilities Corp., 2021 WL 5895163 (Pa. The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.