Monthly Archives: July 2011

Contracts: The Essence of Settlements

Pamela and Abdullah Muhammad brought this action after their son, Nazir, suffered pulmonary edema as a result of the general anesthesia administered for a second circumcision procedure, after the first procedure failed to remove the entire foreskin.  The Muhammads retained … Continue reading

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The Statute of Limitations: A Mighty Foe

No matter how hard she and her lawyers tried, Santos Garcia simply could not succeed in bringing a successful motion stemming from damage to her property.  Due to statutes of limitations continually running out on her, Garcia failed to recover … Continue reading

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Monthly Column: Attorney Standard of Care

Consistent with this monthly column on attorney liability, it is imperative to understand how Pennsylvania courts have adjudicated an attorney’s deviation from the standard of care (i.e., malpractice).  Unfortunately, while counsel would think that, of all things, the standard of … Continue reading

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Actual Loss for Legal Malpractice Recovery

The Pennsylvania Superior Court holds that a nonsuit is proper only if the jury–after viewing the evidence in the light most favorable to the plaintiff and giving the plaintiff the benefit of all reasonable inferences arising from that evidence–could not … Continue reading

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Contributory Negligence and the Consumer Protection Law

Rizzo v. Michener arose out of a 1987 real estate purchase in Bucks County, Pennsylvania.  Gary M. Rizzo and his wife, Colleen P. Rizzo, signed the Agreement of Sale in January and the settlement took place three months later, at … Continue reading

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Rizzo v. Haines: A Roadmap for Legal Malpractice Claims

In Rizzo v. Haines, the Supreme Court of Pennsylvania affirmed the lower courts’ holdings that Barton A. Haines, Esquire, negligently and in bad faith, (1) conducted settlement negotiations for his client Frank L. Rizzo, (2) fraudulently induced Rizzo to transfer $50,000 … Continue reading

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Monthly Column – Attorney Liability: The Law of Legal Malpractice

Consistent with this monthly column on attorney liability, it is incumbent upon every attorney to know the “law of legal malpractice” – if, for no other reason, than to properly adjust one’s own liability for inevitable human error.   Before … Continue reading

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Maritrans v. Pepper Hamilton: When “Business Conflicts” are indeed “Legal Conflicts”

Today we visit one of the leading Pennsylvania cases on lawyer conflict of interest: Maritrans GP, Inc. (“Maritrans”) v. Pepper, Hamilton & Scheetz (“Pepper”), 529 Pa. 241 (1992).  There, the Supreme Court of Pennsylvania held that Pepper’s conduct constituted a … Continue reading

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