Aggressive Advocates For Your Rights

June 2011 Archives

Monthly Column - Attorney Liability: Non-Negligence Claims

Previously, this column on attorney liability discussed various attorney liabilities arising from claims of negligence and misuse of process: Dragonetti (wrongful use of civil proceedings), abuse of process, sanctions, etc. (all underlying a claim of "frivolity"). However, attorney liability is not just confined to negligent representation or so-called frivolous pleadings: 

Monthly Column - Attorney Liability: Non-Negligence Claims

Previously, this column on attorney liability discussed various attorney liabilities arising from claims of negligence and misuse of process: Dragonetti (wrongful use of civil proceedings), abuse of process, sanctions, etc. (all underlying a claim of "frivolity"). However, attorney liability is not just confined to negligent representation or so-called frivolous pleadings:

Attorney's Fees: At the Intersection of Frivolous and Not

Unsuccessful plaintiffs in civil right cases may now breathe easier when it comes to awarding attorney's fees. As recently held in Fox v. Vice, plaintiffs will only be responsible for defendants' fees arising solely due to a frivolous claim. Non-frivolous cases, and mixed cases which would have incurred the same fees absent the frivolous claim, are exempt. 

Attorney's Fees: At the Intersection of Frivolous and Not

Unsuccessful plaintiffs in civil right cases may now breathe easier when it comes to awarding attorney's fees. As recently held in Fox v. Vice, plaintiffs will only be responsible for defendants' fees arising solely due to a frivolous claim. Non-frivolous cases, and mixed cases which would have incurred the same fees absent the frivolous claim, are exempt.

Undue Delays Could Prove Costly To Lawyers

The case of Windward Agency v. Spector Gadon & Rosen and Russell has arguably been on-going since 2001 and shows no sign of being over any time soon. With the Pennsylvania Supreme Court's denial on May, 27 2011 of the order for a petition for allowance of appeal, it merely opened the door for another case against the defendants and barring another incredibly surprising jury verdict, they will most likely be held accountable for the clear negligence they performed. 

Undue Delays Could Prove Costly To Lawyers

The case of Windward Agency v. Spector Gadon & Rosen and Russell has arguably been on-going since 2001 and shows no sign of being over any time soon. With the Pennsylvania Supreme Court's denial on May, 27 2011 of the order for a petition for allowance of appeal, it merely opened the door for another case against the defendants and barring another incredibly surprising jury verdict, they will most likely be held accountable for the clear negligence they performed.

Kornicki v. Cherniack: Discussing Credit Only When Credit is Due

It is a well-known fact that often when a criminal is stuck in jail, he will think of any way they can try to free them themselves, including sue his attorney, even if that attorney fought as hard as she could. 

Kornicki v. Cherniack: Discussing Credit Only When Credit is Due

It is a well-known fact that often when a criminal is stuck in jail, he will think of any way they can try to free them themselves, including sue his attorney, even if that attorney fought as hard as she could.

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