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Legal Malpractice Claim

Aug 14, 2012

Attorneys – Tort/Negligence – Legal Malpractice Claim – Case Within a Case – Snowy Road Fishtail – Arbitration — Civil Practice – Service of Process

Tarrant v. Hudson (Lawyers Weekly No. 12-16-0847, 22 pp.) (Martha A. Geer, J.) Appealed from Wake County Superior Court. (Abraham Penn Jones & Paul G. Gessner, JJ.) N.C. App. Unpub. Holding: Even though the defendant-attorneys failed to file a personal injury action on behalf of plaintiff before the statute of limitations expired, and even though plaintiff later obtained a default judgment agai[...]

Jun 27, 2012

Civil Practice – Collateral Estoppel – Tort/Negligence – Attorneys – Legal Malpractice Claim – Settlement

Harmon v. Hunt In the unpublished opinion of Harmon v. Frangis, 197 N.C. App. 231, 676 S.E.2d 670 (2009), this court concluded that plaintiff’s counsel therein (and defendants herein) acted within plaintiff’s authority when they negotiated a settlement with Frangis. In this legal malpractice action, plaintiff seeks to re-litigate the issue of whether the defendant-attorneys acted with[...]

Apr 27, 2011

Attorneys – Tort/Negligence – Legal Malpractice Claim – Statutes of Limitations & Repose – Domestic Relations – Divorce

Button v. McKnight. After the client's first wife filed a motion in 2008 for relief from their 2005 divorce judgment, attorney McClain from the defendant-law firm allegedly assured the client that his . . .

Dec 22, 2010

Civil Practice – Rule 41(b) Dismissal – Failure to Prosecute – Prisoner – Attorneys – Legal Malpractice Claim

Cohen v. McLawhorn. (Lawyers Weekly No. 10-07-1214, 21 pp.) (Martha A. Geer, J.) Appealed from Pitt County Superior Court. (William C. Griffin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though plaintiff was incarcerated, given that he had an attorney-in-fact, and given his failure to take any action […]

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