Aggressive Advocates For Your Rights

Posts tagged "Settlement"

Actual Damages Must Actually Be Alleged

In Pashak v. Barish, the husbad of the appellant, William Pashak, agreed to settle a negligence case for $100,000 in accordance with advice from his attorney, Marvin Barish, Esq. 450 a2d 67 (1982). The settlement stemmed from an employment action where Mr. Pashak was working on a ship and was injured. Mr. Pashak executed a release and subsequently received the settlement proceeds.

Protected Mediations and Filing Suit Against Court Clerks

Law firms accused of malpractice have one less tool in their defense, as they cannot sue the Court to reconsider subpoenas made by Court clerks. The present case illustrate a consequence of that holding- that the contents of mediation may ... 

Protected Mediations and Filing Suit Against Court Clerks

Law firms accused of malpractice have one less tool in their defense, as they cannot sue the Court to reconsider subpoenas made by Court clerks. The present case illustrate a consequence of that holding- that the contents of mediation may now remain forever unknown to outside parties. In early August, the 3rd Circuit Court of Appeals ruled that McKissock & Hoffman-which was accused of turning down a $25 million settlement offer-could not take the deposition of the chief mediator. This mediator would, according to the firm, have testified that the $25 million offer was never made. 

A Victory for the Malpractice Plaintiff

Legal malpractice plaintiffs gained a powerful bit of case law when the New Jersey Supreme Court handed down its ruling in 2010's Guido v. Duane Morris. There, the plaintiffs sought to sue their former lawyers for malpractice over a settlement the plaintiffs themselves accepted after mediation two years before. In its decision, the Court held that former clients can overcome a motion for summary judgment and proceed to trial in hopes to proving that a settlement they agreed to would have been better had their lawyers not acted negligently.

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