Legal News

Case Summaries

Injury & Tort Law

[03/17] Willbros RPI, Inc. v. Continental Cas. Co.
In an action against an insurer seeking a declaratory judgment that defendant was required to provide defense and indemnity, partial summary judgment for plaintiff is affirmed where: 1) conduct that clearly fell outside of the professional services exclusion provides an independent "but for" cause of the injury; and 2) indemnity issues must await resolution of the underlying suit. However, the order is reversed in part where defendant-insurers' "Other Insurance" provisions conflicted and liability for defense of the underlying suit should thus be apportioned on a pro rata basis.

[03/17] Holmes v. Kimco Realty Corp.
In plaintiff's negligence suit against a retailer for injuries he sustained when he fell on ice/snow in the parking lot, summary judgment in favor of the defendant is affirmed as the state of New Jersey would not impose a duty on an individual tenant for snow removal from the common areas of a multi-tenant parking lot when the landlord has retained and exercised that responsibility.

[03/17] T.E. v. Grindle
In a 42 U.S.C. section 1983 suit against an elementary principal and the school district's band teacher arising from molestation of several young girls by the band teacher, district court's denial of the principal's motion for summary judgment on qualified immunity grounds is affirmed as the plaintiffs have put forth evidence which, if credited by the jury, is sufficient to create liability under the clearly established law.

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Legal Malpractice

[03/11] Freedman v. Brutzkus
In plaintiff's action for fraud against defendants, trial court's dismissal of the action following the sustaining of defendants' demurrer is affirmed as a signature of an attorney under the legend "approved as to form and content" on a contract does not amount to an actionable representation to an opposing party's attorney that can provide a basis for tort liability.

[03/04] Aills v. Boemi
In plaintiff's medical malpractice suit against defendant plastic surgeon arising out of negligence in connection with an elective surgical procedure for breast reconstruction, the judgment of the Second District Court of Appeal is quashed and remanded as the district court erred in reversing for a new trial on the basis of an improper argument by plaintiff's counsel during closing argument.

[03/03] Oasis W. Realty, LLC v. Goldman
In an appeal involving defendants' anti-SLAPP special motion to strike (Code of Civil Procedure section 425.16) plaintiff-former client's suit for various causes of action including breach of fiduciary duty, arising from defendants' prior representation in connection with plaintiff's efforts to redevelop real estate it owned in Beverly Hills, trial court's conclusion that section 425.16 did not apply because the gravamen of the action was breach of an attorney's duties of loyalty and confidentiality is reversed as all causes of action in the complaint arose from acts in furtherance of protected activity, and plaintiff could not show a probability of prevailing at trial.

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Professional Malpractice

[03/11] Freedman v. Brutzkus
In plaintiff's action for fraud against defendants, trial court's dismissal of the action following the sustaining of defendants' demurrer is affirmed as a signature of an attorney under the legend "approved as to form and content" on a contract does not amount to an actionable representation to an opposing party's attorney that can provide a basis for tort liability.

[03/04] Aills v. Boemi
In plaintiff's medical malpractice suit against defendant plastic surgeon arising out of negligence in connection with an elective surgical procedure for breast reconstruction, the judgment of the Second District Court of Appeal is quashed and remanded as the district court erred in reversing for a new trial on the basis of an improper argument by plaintiff's counsel during closing argument.

[03/03] Oasis W. Realty, LLC v. Goldman
In an appeal involving defendants' anti-SLAPP special motion to strike (Code of Civil Procedure section 425.16) plaintiff-former client's suit for various causes of action including breach of fiduciary duty, arising from defendants' prior representation in connection with plaintiff's efforts to redevelop real estate it owned in Beverly Hills, trial court's conclusion that section 425.16 did not apply because the gravamen of the action was breach of an attorney's duties of loyalty and confidentiality is reversed as all causes of action in the complaint arose from acts in furtherance of protected activity, and plaintiff could not show a probability of prevailing at trial.

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