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Shifren v. Spiro: legal malpractice statute of limitations does not begin to run until judgment or settlement of underlying case establishes attorney breach of duty

  • Sedgwick LLP
  • -
  • USA
  • -
  • June 13 2012

The California Court of Appeal (Second Appellate District, Division 3) reversed a trial court’s grant of summary judgment in favor of a defendant law firm after concluding that the action was not time-barred by the running of the statute of limitations

When estate planning disfavors one of several children, the risk of litigation increases

  • LeClairRyan
  • -
  • USA
  • -
  • June 13 2012

In Ennenga v. Starns (09-3118 ) (7th Cir. decided April 17, 2012), the United States Court of Appeals for the Seventh Circuit found in favor of legal professionals as to malpractice claims based on facts which a factual record shows how easily ordinary estate planning can lead to intra-family litigation

Strict privity requirement relaxed in New York: personal representative of estate may sue estate-planning attorney for negligence

  • Sullivan & Worcester LLP
  • -
  • USA
  • -
  • August 1 2010

In Estate of Schneider v. Finmann, 2010 NY Slip Op. 05281 (June 17, 2010), the Court of Appeals of New York relaxed its doctrine of strict privity, which holds that neither an estate nor its beneficiaries may maintain an action for malpractice against an attorney who advised a decedent regarding his estate plan

Wealth management update

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • June 18 2010

Yesterday, the New York Court of Appeals issued a decision in Estate of Schneider v. Finmann (citation pending), a case involving the applicability of New York's strict privity defense in an estate planning malpractice claim that was previously discussed in our Wealth Management Update Newsletter (June 2010

Estate of Schneider v. Finmann, 2009 NY Slip Op 2319 (App. Div. Mar. 24, 2009) (appeal pending before Court of Appeals)

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • June 7 2010

This case was argued before the Court of Appeals on May 4, 2010, and has not yet been decided by the Court