Justia Professional Malpractice & Ethics Opinion Summaries

Plaintiff Warner Wiggins appeals a circuit court's order compelling him to arbitrate his claims against Warren Averett, LLC. Warren Averett was an accounting firm. Eastern Shore Children's Clinic, P.C. ("Eastern Shore"), a pediatric medical practice, was a client of Warren Averett. In September 2010, while Wiggins, who was a medical doctor, was a shareholder and employee of Eastern Shore, Warren Averett and Eastern Shore entered an agreement pursuant to which Warren Averett was to provide accounting services to Eastern Shore ("the contract"). The contract contained an arbitration clause. Thereafter, Wiggins and Warren Averett became involved in a billing dispute related to the preparation of Wiggins's personal income-tax returns. In 2017, Wiggins filed a single-count complaint alleging "accounting malpractice" against Warren Averett. Warren Averett filed an answer to Wiggins's complaint, asserting, among other things, that Wiggins's claims were based on the contract and were thus subject to the arbitration clause. A majority of the Alabama Supreme Court concluded the determination of whether Wiggins' claims were covered under the terms of the arbitration clause was delegated to an arbitrator to decide. Therefore, it affirmed the trial court's order. View "Warner W. Wiggins v. Warren Averett, LLC" on Justia Law

The First Circuit affirmed the decision of the district court entering summary judgment against Plaintiff Jay Furtado and in favor of Defendants, attorney Amy Page Oberg and the law firm DarrowEverett LLP, and dismissing Plaintiff's claims of legal malpractice, breach of fiduciary duty, and misrepresentation, holding that summary judgment was properly granted.Plaintiff was one of three members of a limited liability company (LLC) for a gym. In 2008, Plaintiff engaged Oberg to help to establish the LLC. After the LLC stopped operations, Plaintiff brought this action. The district court entered summary judgment for Defendants. The First Circuit affirmed, holding that, even if there were any doubt that Plaintiff had waived on appeal an argument that a reasonable jury could find that a breach by Defendants proximately caused his harm, this Court would still conclude that summary judgment was proper in this case. View "Furtado v. Oberg" on Justia Law

BrunoBuilt, Inc. appealed a district court’s dismissal of its claims against Strata, Inc., Chris Comstock, H. Robert Howard, and Michael Woodworth (collectively, “the Strata Defendants”). BrunoBuilt filed a professional negligence action against the Strata Defendants alleging that when the Strata Defendants rendered engineering services for the Terra Nativa Subdivision they failed to identify a pre-existing landslide and negligently failed to recommend construction of infrastructure that would stabilize and prevent further landslides within the Subdivision. A home BrunoBuilt had contracted to build and the lot on which the dwelling was located were allegedly damaged as a result. The district court dismissed BrunoBuilt’s claims after holding that the parties had entered into an enforceable settlement agreement, or alternatively, that summary judgment was warranted in favor of the Strata Defendants based on the economic loss rule. After review of the situation, the Idaho Supreme Court affirmed the district court judgment because the parties entered into an enforceable settlement agreement. View "Brunobuilt, Inc. v. Strata, Inc." on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court entering summary judgment in favor of Attorney in this legal malpractice action and dismissing the action, holding that the circuit court did not abuse its discretion in allowing Attorney's amendment to her answer but erred in determining that Plaintiff's claims were untimely under S.D. Codified Laws 15-2-14.2.Plaintiff brought this action against Attorney and Law Firm arising from Attorney's representation of Plaintiff on a claim for personal injuries. The circuit court determined that the action was time barred by section 15-2-14.2 and dismissed the action. The Supreme Court reversed in part, holding that the circuit court (1) did not abuse its discretion by permitting Attorney to amend her answer to allege section 15-2-14.2 as an affirmative defense; but (2) erred in determining that this action was barred by the repose period under section 15-2-14.2. View "Robinson-Podoll v. Harmelink, Fox, & Ravnsborg Law Office" on Justia Law

Sonya C. Edwards and Edwards Law, LLC (collectively, "Edwards"), petitioned the Alabama Supreme Court for a writ of mandamus to direct a trial court to enter a summary judgment in their favor in an action filed against them by Ivan Gray. Sonya previously represented Gray in proceedings in federal court. In 2015, after mediation and a settlement, those proceedings concluded with the entry of a final judgment. Thereafter, Gray sought to set aside the settlement, and Sonya terminated her representation of Gray. In 2017, Gray sued Edwards alleging Edwards had entered into a contract with Gray in June 2014 in which Sonya agreed to represent Gray in the federal proceedings in exchange for a contingency fee of 50%. Gray alleged that he paid a total retainer fee in the amount of $14,380.85 to cover expenses. According to Gray's complaint, when his federal case concluded, Edwards disclosed that the actual expenses amounted to $4,516.77, therefore, he felt he was entitled to a refund of $9,864.08. When the refund was not forthcoming, Gray alleged Edward converted his retainer and breached the contract between the two. The Supreme Court determined the "act or omission or failure giving rise to the claim" occurred on September 16, 2015, and that was the operative date from which to measure the applicable two-year limitations period. Gray did not file his action until October 27, 2017, which was beyond the two-year limitations period. Accordingly, Edwards has demonstrated a clear legal right to have a summary-judgment entered in her favor. View "Ex parte Sonya C. Edwards and Edwards Law, LLC." on Justia Law

Plaintiff Carol Rademacher challenged a district court’s ruling that she impliedly waived her attorney-client privilege by filing a legal malpractice complaint close to the expiration of the two-year statute of limitations and by then contesting defendant Ira Greschler’s statute of limitations defense. Greschler served as Rademacher’s attorney on various matters for more than two decades. One of the matters in which Greschler represented Rademacher involved the settlement of potential civil claims that Rademacher had brought against a man named John Becker and his wife. Pertinent here, for approximately ten years, Rademacher and Becker were involved in an extramarital relationship. Becker’s wife ultimately confronted and assaulted Rademacher, after which Rademacher contacted the police. The Beckers and Rademacher entered into a settlement agreement, under which Rademacher agreed not to pursue any claims against the Beckers and to ask the Boulder District Attorney’s office to offer Ms. Becker a deferred sentence. In exchange for these promises, Becker executed a $300,000 promissory note payable to Rademacher. Becker stopped making payments, and Rademacher, still represented by Greschler, sued to enforce the agreement. A jury ultimately found for Rademacher, and Becker appealed. After Greschler had orally argued the case in the court of appeals but before an opinion was issued, Rademacher’s divorce attorney, Shawn Ettingoff, sent Greschler a letter “to convey [Rademacher’s] dissatisfaction with [Greschler’s] inadequate representation” in the dispute with Becker. The letter also noted that Greschler’s conduct in representing Rademacher “helped create and perpetuate a situation that may very well lead to the reversal of the judgment in [Rademacher’s] favor.” The court of appeals eventually ruled the agreement between Rademacher and Becker was void as against public policy. Rademacher thereafter sued Greschler, asserting, among other things, a claim for professional negligence (legal malpractice). Several months later, Greschler moved for summary judgment on this claim, arguing that it was barred by the applicable statute of limitations. The Colorado Supreme Court concluded that on the facts presented, Rademacher did not assert a claim or defense that either focused or depended on advice given by her counsel or that placed any privileged communications at issue. Accordingly, the Court further concluded Rademacher did not impliedly waive her attorney-client privilege in this case. View "In re Rademacher v. Greschler" on Justia Law

The Delaware Board of Medical Licensure and Discipline (the “Board”) reprimanded Dr. Bruce Grossinger, for violating various regulations governing the use of controlled substances for the treatment of pain. Specifically, the Board adopted the detailed report and recommendation of a Division of Professional Regulation hearing officer, who had found that Dr. Grossinger, in his care of a heroin-addicted patient (“Michael”), had not complied with the Board’s rules and regulations. The Board found that Dr. Grossinger failed to, among other things, document Michael’s history of substance abuse, discuss with Michael the risks and benefits of treatment with controlled substances, order urine samples or require pill counts, and keep accurate and complete treatment records. After a hearing, the hearing officer recommended that the Board find Dr. Grossinger guilty of unprofessional conduct and discipline him by placing his medical license on probation for six months and requiring him to complete additional medical education and pay a fine. Board adopted the hearing officer’s findings but reduced Dr. Grossinger’s discipline from probation to a letter of reprimand. Dr. Grossinger appealed the Board’s decision to the Superior Court, which reversed on all but one of the five findings. The Superior Court’s reversal of the Board rested on several legal conclusions, including that some of the regulations that Dr. Grossinger was said to have violated were unconstitutionally vague as applied to him, that expert testimony was required to establish the standard of care under the regulations, and that Dr. Grossinger’s due process rights were violated because the Board relied on evidence - its own expertise - outside the record. The parties cross- appealed: the Board appealed the Superior Court’s reversal of all but one of the findings; and Dr. Bruce Grossinger appealed the Superior Court’s failure to reverse the final finding. The Delaware Supreme Court disagreed with the Superior Court’s reversal of the Board’s decision and, therefore, reversed. View "Delaware Bd. of Med. Licensure & Discipline v. Grossinger" on Justia Law

In this health care liability action, the Supreme Court conditionally granted Claimant's petition for writ of mandamus and ordered the court of appeals to vacate its order ruling that Claimant was not permitted to depose a health care provider before serving him with an expert report, holding that the court of appeals erred in holding that the Medical Liability Act categorically prohibited Claimant from deposing or obtaining documents from that provider.Claimant sued one health care provider, served an expert report meeting the requirements of the Act on that provider, and then sought to depose Dr. Jeffrey Sandate, another provider involved in the underlying incident and a nonparty in the action. The court of appeals ruled that Claimant may not depose Dr. Sandate before serving him with an expert report under the Act. The Supreme Court ordered the court of appeals to vacate its order, holding that the Act did not insulate Dr. Sandate from being deposed or producing documents in this case. View "In re Comanche Turner" on Justia Law

In this attorney malpractice case, the Supreme Court examined the reach of the Hughes tolling rule and rendered judgment dismissing the malpractice claim as untimely, holding that the malpractice claim was not tolled under Hughes, which applies when legal malpractice is committed in the prosecution or defense of a claim that results in litigation, because the legal advise at issue lacked the nexus required to come within the Hughes tolling rule.Plaintiff's malpractice suit arose from legal advice Defendant reportedly provided in the summer of 2003. Defendant moved for summary judgment, asserting that Plaintiff's claims were barred by the two-year statute of limitations. The trial court granted summary judgment for Plaintiff. The court of appeals reversed, concluding that Hughes tolling does not apply to legal malpractice occurring in "mere transactional work." The Supreme Court affirmed, holding (1) legal work only incidentally related to activities undertaken to prosecute or defend a claim is not encompassed within the Hughes paradigm; (2) the legal advice Defendant provided was, at best, incidental and tangentially related to ongoinglLitigation; and (3) therefore, Hughes tolling did not apply, and plaintiff's malpractice lawsuit was untimely. View "Erickson v. Renda" on Justia Law

An attorney began representing two injured workers after both encountered difficulties representing themselves in their workers’ compensation claims against the same employer. Both claimants then successfully resolved their claims through mediation, with both receiving substantial settlements. The parties were unable to resolve the question of their attorney’s fees, so the Alaska Workers’ Compensation Board held hearings on that issue. The Board limited the witnesses at the hearings and ultimately awarded significantly reduced attorney’s fees in both claims. The Alaska Workers’ Compensation Appeals Commission affirmed the Board’s decisions. Because the Alaska Supreme Court concluded the Commission incorrectly interpreted Alaska case law about attorney’s fees, because the Board denied the claimants the opportunity to present witnesses, and because the amount of attorney’s fees awarded to both claimants was manifestly unreasonable, the Supreme Court reversed in part the Commission’s decisions and remanded for further proceedings. View "Rusch v. Southeast Alaska Regional Health Consortium" on Justia Law