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Tag Archives: Legal Malpractice Claim

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

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 against the driver and owner of the other car involved in his accident, since plaintiff only showed that the other car fishtailed and spun out on an icy, snowy road, plaintiff failed to prove that the other driver was negligent. Therefore, he failed to prove the “case within a case” necessary to show the attorneys committed legal malpractice when they missed the filing deadline.

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Civil Practice – Collateral Estoppel – Tort/Negligence – Attorneys – Legal Malpractice Claim – Settlement (access required)

Harmon v. Hunt In the unpublished opinion of Harmon v. Frangis, 197 N.C. App. 231, 676 S.E.2d 670 (2009), this court concluded that plaintiff’s counsel therein (and defendants herein) acted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 without her authority in reaching the settlement with Frangis.

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

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 . . .

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

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 ...

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