Justia Professional Malpractice & Ethics Opinion Summaries

The case involves a legal malpractice claim filed by minors N.W.M. and E.M., through their parents, against their former guardian ad litem (GAL), Patrice Langenbach, and her employer, the Defender Association of Philadelphia. The minors alleged that Langenbach acted negligently throughout her representation of them in a dependency matter and a corresponding termination of parental rights matter. The trial court dismissed all claims on grounds of immunity, asserting that Langenbach and the Defender Association were immune from suit under the doctrine of quasi-judicial immunity.On appeal, the Superior Court reversed the trial court's decision, holding that it was not within its authority to extend such immunity to GALs. The Superior Court maintained that it was not its role to make policy decisions or to expand existing legal doctrines, which it considered to be the prerogative of the Supreme Court or the General Assembly.The Supreme Court of Pennsylvania affirmed the Superior Court's decision, concluding that GALs in juvenile dependency cases do not operate as an arm of the court and, therefore, are not entitled to quasi-judicial immunity. The court also clarified that the Superior Court is authorized to address novel legal issues, including those involving policy considerations. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "N.W.M. v. Langenbach" on Justia Law

In this case, the Supreme Court of the State of Montana upheld the decision of the Montana First Judicial District Court, Lewis and Clark County, committing the appellant, C.M., a youth, to the custody of the Department of Corrections for placement in a state youth correctional facility until the age of 18. The appellant was charged with sex offenses against three of his high school classmates and he appealed the decision on the grounds that he was denied the right to effective assistance of counsel when his attorney failed to make objections to the admission of various hearsay statements.The court concluded that the appellant's counsel's failure to object to the admission of hearsay statements did not result in substantial prejudice. The court noted that the state presented sufficient admissible evidence to the jury that proved the same facts as the prior consistent statements and bus records. Furthermore, the court found that the appellant's counsel vigorously challenged the complaining witnesses' testimony by highlighting inconsistencies and gaps in their testimony, as well as aspects of the investigation. As a result, the court found that the appellant failed to demonstrate that he was prejudiced by any alleged deficient performance by his counsel and affirmed the lower court's decision. View "Matter of C.M" on Justia Law

An 11-year-old child suffered long-term horrific abuse and, in 2005, was beaten nearly to death by her adoptive mother and stepfather. The child's legal guardian, brought suit against Carson Center and one of its employees, a licensed social worker, alleging that they failed to detect or report signs of ongoing physical abuse. The state court suit led to insurance coverage litigation in federal court. Insurers sought a declaratory judgment that the allegations fell within exclusions to coverage. The First Circuit affirmed entry of declaratory judgment for the insurers. The language of the policy exclusions precludes coverage for abuse that occurs to anyone in the insureds' "care, custody or control." At the time of the abuse the victim was not in the physical custody of the insureds, but had been receiving bi-weekly outpatient therapeutic services from them for 14 months covered by the policies in question. The exclusions are unambiguous. View "Valley Forge Ins. Co. v. Field" on Justia Law