Justia Professional Malpractice & Ethics Opinion Summaries

Antonio Ingram pleaded guilty to five felony counts, including armed robbery, aggravated assault, and aggravated battery, on September 30, 2016. The court found his plea was freely and voluntarily entered and entered a judgment of conviction on March 3, 2017, nunc pro tunc to September 30, 2016. Ingram was sentenced to concurrent 20-year prison terms, with 15 years to serve for each conviction. Ingram retained attorney David Jones to file a motion to withdraw his guilty plea, which was timely filed on October 27, 2016. However, there is no evidence that the trial court ruled on the motion, and Jones testified that the motion was dismissed without a hearing on March 3, 2017.The Superior Court of Richmond County granted in part Ingram’s petition for a writ of habeas corpus, allowing him to pursue an out-of-time direct appeal. The court found that Jones rendered ineffective assistance of counsel by failing to inform Ingram of his right to appeal the denial of his motion to withdraw his guilty plea. Ingram cross-appealed, arguing that the habeas court erred in denying him the remedy of setting aside his guilty plea and judgment of conviction.The Supreme Court of Georgia reviewed the case and found that the habeas court erred in treating the March 3 "Order to Enter Sentence" as an order denying Ingram’s motion to withdraw his guilty plea. The record did not demonstrate that Ingram’s judgment of conviction was final for purposes of habeas review. The court vacated the habeas court’s order and remanded the case with directions to allow the parties to supplement the record and demonstrate whether Ingram’s judgment of conviction is final. If the motion to withdraw the guilty plea remains pending, the habeas petition should be dismissed as premature. If the judgment is final, the habeas court may reenter its previous order with that determination. The cross-appeal claims were deemed moot. View "JOSEPH v. INGRAM" on Justia Law

Jaquan Dontae Weston was convicted of malice murder and other crimes related to the shooting death of his father, Leroy Weston. The crimes occurred between March 5-6, 2018. A Terrell County grand jury indicted Weston in June 2018, and he was found guilty on all counts in an October 2019 jury trial. Weston was sentenced to life in prison without parole for malice murder, five years consecutive for possession of a firearm during the commission of a felony, and twelve months concurrent for cruelty to children in the third degree. Weston filed a motion for a new trial, which was denied. His appeal was initially stricken due to his appellate counsel's failure to file a brief, but it was later re-docketed after new counsel was appointed.The Supreme Court of Georgia reviewed the case. Weston argued that the evidence was insufficient to support his malice murder conviction and claimed ineffective assistance of trial counsel. The court found that the evidence, viewed in the light most favorable to the verdict, showed that Weston formed the intent and malice necessary for a malice murder conviction. The jury was entitled to find Weston guilty beyond a reasonable doubt based on his actions and statements following his daughter's outcry about her grandfather.Weston also argued that his trial counsel was ineffective for failing to investigate his competency to stand trial, request a competency hearing, and object to certain evidence. However, these claims were not preserved for appellate review as they were not raised in his motion for a new trial. The court also found that Weston failed to show that his trial counsel was ineffective for not obtaining an expert evaluation of his sanity at the time of the crimes, as there was no evidence presented to support this claim.The Supreme Court of Georgia affirmed the trial court's judgment, finding no merit in Weston's arguments. View "WESTON v. THE STATE" on Justia Law

Plaintiff Jacqueline Statham suffered injuries during a hysterectomy performed by Dr. David S. Quang, assisted by Dr. Tan-Loc Nguyen and a medical student. The medical student, under the supervision of the defendant physicians, improperly inserted a sponge stick into Statham's rectum instead of her vagina, leading to a rectovaginal fistula. Statham sued the physicians and their medical practice, alleging professional negligence, negligent supervision, and vicarious liability for the medical student's actions.The trial court granted partial summary judgment to the defendants, ruling they could not be held vicariously liable for the medical student's negligence. The Court of Appeals affirmed, with the lead opinion concluding that OCGA § 51-1-38 did not impose vicarious liability on the physicians and that the evidence did not support vicarious liability under general agency principles or the borrowed servant doctrine.The Supreme Court of Georgia reviewed the case and agreed with the Court of Appeals that OCGA § 51-1-38 did not provide a basis for vicarious liability. The court also agreed that the borrowed servant doctrine did not apply as an independent basis for imposing vicarious liability. However, the court disagreed with the conclusion that the defendant physicians could not be held vicariously liable under general agency principles. The court held that under the doctrine of respondeat superior, a physician can be vicariously liable for a medical student's negligence if the student was acting as the physician's servant in furtherance of the physician's goals and within the scope of the physician's business.The Supreme Court found that genuine issues of material fact remained regarding whether the defendant physicians were vicariously liable under the doctrine of respondeat superior. Therefore, the court reversed the Court of Appeals' judgment affirming the trial court's grant of partial summary judgment to the defendants on the issue of vicarious liability. View "STATHAM v. QUANG" on Justia Law

Cynthia Cox-Ott sued attorney Jim Leonard and his firm Barnes & Thornburg, LLP, for professional negligence, alleging that Leonard’s actions led to the unfavorable disposition of her case involving a dispute with an insurer over a life insurance policy premium. Leonard had recommended filing suit in Georgia rather than New York and pursuing claims for fraud and reformation of the policy. The insurer removed the case to federal court, which dismissed it, and the dismissal was affirmed by the United States Court of Appeals for the Eleventh Circuit.The trial court granted summary judgment in favor of Leonard and his firm, finding that they were protected by the doctrine of judgmental immunity, which shields attorneys from liability for decisions made in the honest exercise of professional judgment. The Court of Appeals affirmed the trial court’s decision on the same basis, concluding that Leonard’s recommendations were protected by judgmental immunity and that Cox-Ott could not establish the causation element of her professional negligence claims.The Supreme Court of Georgia reviewed the case to determine whether the doctrine of judgmental immunity correctly states the law of Georgia regarding professional negligence claims against attorneys. The court concluded that the Court of Appeals erred in its analysis by focusing solely on whether Leonard engaged in an honest exercise of professional judgment, rather than whether he exercised reasonable care in reaching that judgment. The Supreme Court disapproved the portions of the Court of Appeals’ decision relying on judgmental immunity but ultimately affirmed the judgment on the grounds that Cox-Ott failed to establish causation, an independent basis for the Court of Appeals’ decision. View "COX-OTT v. BARNES & THORNBURG, LLP" on Justia Law

Two Texas lawyers, Michael A. Pohl and Robert Ammons, represented out-of-state clients in personal injury cases filed outside Texas. The clients, from Louisiana and Arkansas, alleged that they were solicited by individuals on behalf of the lawyers, which led to the signing of legal-services contracts. The clients later sued the lawyers in Texas, seeking to void the contracts under Texas Government Code Section 82.0651(a), which allows clients to void contracts procured through barratry, and to recover fees and penalties.The trial court dismissed all claims, granting summary judgment in favor of the lawyers. The clients appealed, and the Court of Appeals for the First District of Texas reversed the trial court's decision, concluding that Section 82.0651(a) applied because part of the lawyers' conduct occurred in Texas. The court also rejected the lawyers' arguments regarding limitations and res judicata and allowed Reese's intervention in the case.The Supreme Court of Texas reviewed the case and held that Section 82.0651(a) does not extend to the nonresident clients' claims because the core conduct targeted by the statute—solicitation of a legal-services contract through barratry—occurred outside Texas. The court reversed the Court of Appeals' judgment to the extent it allowed the clients to proceed with their claims under Section 82.0651(a) and rendered judgment that they take nothing on those claims. However, the court affirmed the Court of Appeals' judgment regarding the breach of fiduciary duty claims and remanded those claims to the trial court for further proceedings. View "POHL v. CHEATHAM" on Justia Law

Debra Tucker applied for disability insurance benefits under Title II of the Social Security Act in 2018. After multiple denials at the administrative level, she appealed to the federal district court. In 2023, the district court reversed the final administrative decision of the Commissioner of Social Security, remanding Tucker’s claim for further administrative proceedings. The district court awarded Tucker’s attorney $7,500 in attorney’s fees under the Equal Access to Justice Act (EAJA), along with $402 in costs. Tucker’s attorney had a contingency-fee agreement for twenty-five percent of any past-due benefits awarded. In August 2024, an administrative law judge found Tucker disabled and granted her monthly disability benefits retroactive to February 2018, totaling $124,821.70 in past-due benefits.The district court granted in part and denied in part the attorney’s motion for $31,205.43 in fees under 42 U.S.C. § 406(b), awarding $17,400 instead. The court found the requested fee excessive, amounting to a windfall, and set an imputed hourly rate of $500. The attorney’s motion for reconsideration, reducing the fee request to $22,620, was denied. The attorney appealed, seeking the full $31,205.43.The United States Court of Appeals for the Sixth Circuit reviewed the district court’s decision for abuse of discretion. The appellate court found that the district court properly started with the contingency-fee agreement and then tested it for reasonableness, considering the effective hourly rate and other factors. The district court did not misapply the law by comparing the effective hourly rate to the EAJA rate and the attorney’s ordinary rate. The appellate court affirmed the district court’s decision, concluding that it acted within its discretion in reducing the fee to avoid a windfall. View "Tucker v. Commissioner of Social Security" on Justia Law

The Borough of Englewood Cliffs filed a complaint and an amended complaint against its former attorneys and a builder, alleging professional malpractice, breach of contract, unjust enrichment, civil conspiracy, and aiding and abetting. The Borough's actions followed a previous affordable housing litigation where the Borough did not prevail and subsequently settled with the builder. The Borough's new council, elected after a municipal election, pursued the litigation despite warnings from the defendants that the claims were frivolous.The trial court dismissed the Borough's complaints with prejudice, finding that the Borough acted in bad faith to harass, delay, and cause malicious injury. The court awarded the defendants attorney fees and costs under New Jersey’s Frivolous Litigation Statute (FLS), totaling $216,484.45. The Appellate Division affirmed the trial court's decision, concluding that a public entity is not immune from sanctions under the FLS.The Supreme Court of New Jersey reviewed the case and held that municipalities and municipal corporations that engage in frivolous litigation are subject to sanctions under the FLS. The Court found that the FLS does not provide immunity to municipalities and that the doctrine of sovereign immunity does not protect municipalities from liability under the FLS. The Court emphasized that the FLS aims to deter frivolous litigation and compensate the victims of such actions. The judgment of the Appellate Division was affirmed as modified, holding the Borough liable for the sanctions imposed. View "Borough of Englewood Cliffs v. Trautner" on Justia Law

Several hundred children in Benton Harbor, Michigan, suffered from elevated lead levels in their blood after drinking lead-contaminated water from the city’s public water system for three years. Plaintiffs, represented by their guardians, filed a lawsuit against various state and city officials, as well as two engineering firms, alleging that these parties failed to mitigate the lead-water crisis and misled the public about the dangers of the drinking water. The claims included substantive-due-process and state-created-danger claims under 42 U.S.C. § 1983, as well as state-law negligence claims.The U.S. District Court for the Western District of Michigan dismissed the complaint in full. The court found that the plaintiffs did not plausibly allege a violation of their constitutional rights and declined to exercise supplemental jurisdiction over the state-law claims. Plaintiffs appealed the dismissal of their federal claims against the city and state officials and the state-law claims against one of the engineering firms.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed the dismissal of the claims against the state officials, finding that the plaintiffs did not plausibly allege that these officials acted with deliberate indifference. However, the court reversed the dismissal of the claims against the city officials and the City of Benton Harbor, finding that the plaintiffs plausibly alleged that these officials misled the public about the safety of the water, thereby causing the plaintiffs to drink contaminated water. The court also reversed the district court’s declination of supplemental jurisdiction over the state-law claims against the engineering firm and remanded the case for further proceedings. The court affirmed the district court’s denial of leave to amend the complaint. View "Mitchell v. City of Benton Harbor" on Justia Law

Patrick Bolduc and Savannah Getchius were married in 2011 and have three minor children. Bolduc filed for divorce in 2021. After two unsuccessful mediations, a final divorce hearing was held in June 2023. The District Court awarded Bolduc sole parental rights and responsibilities and divided the marital property. The court found that Bolduc's property, purchased before the marriage, appreciated in value during the marriage due to both market forces and marital improvements.The District Court determined that the entire appreciation of the property during the marriage was marital property. The court also ordered Getchius to pay $325 weekly in child support and $10,000 of Bolduc's attorney fees. Bolduc filed motions for further findings and to alter the judgment, which the court mostly denied, except for making limited additional findings.The Maine Supreme Judicial Court reviewed the case. It affirmed the lower court's decision on the classification of the real property, agreeing that Bolduc did not meet his burden to prove that the appreciation was solely due to market forces. The court also upheld the child support order, finding no error in the calculation or the decision not to order Getchius to pay $1,800 for uninsured medical expenses. However, the court found that the attorney fee award was based on an affidavit that included fees unrelated to the divorce proceedings. The court vacated the attorney fee award and remanded for recalculation of the fees properly subject to an award in the divorce action. View "Bolduc v. Getchius" on Justia Law

Deangelo Deshawn Morgan was convicted in 2023 for the fatal shooting of Sabron Mosby and the aggravated assault of Donoven King. The crimes occurred on October 15, 2018, and Morgan was indicted along with Cleavanta Jerrideau and Glenn Darius Smith. Morgan's trial was severed due to a conflict of interest with his counsel, and Jerrideau and Smith were acquitted in their joint trial. Morgan was later found guilty by a jury and sentenced to life in prison with the possibility of parole for malice murder and an additional twenty years for aggravated assault.Morgan's motion for a new trial was denied by the trial court after an evidentiary hearing. He appealed, arguing that the trial court abused its discretion by excluding evidence that the shooting was drug-related and implicating other potential suspects. He also claimed his trial counsel was ineffective for not properly arguing for the admission of this evidence and advising him not to testify.The Supreme Court of Georgia reviewed the case and found that the trial court did not abuse its discretion in excluding the evidence. The court held that the excluded evidence did not raise a reasonable inference of Morgan's innocence and was speculative. Additionally, the court found that Morgan's trial counsel's performance was not deficient, as the advice given was a strategic decision and not patently unreasonable.The Supreme Court of Georgia affirmed the trial court's decision, upholding Morgan's convictions and sentences. View "MORGAN v. THE STATE" on Justia Law