Posts by Patricia Hartmann
Defense of Suit for Legal Fees; Legal Malpractice Expert Affidavit Not Required; Summary Dismissal Reversed
Fredrickson & Byron v. Saliterman, A12-0906, December 24, 2012, presented a dispute about the attorney’s fees owed to the law firm for legal services rendered on behalf of a corporation. The trial court granted summary judgment in favor of the law firm, finding that its former client Saliterman, was personally liable for the legal fees due for services for a…
Read MoreMinnesota Attorney Malpractice; Summary Judgment Reversed
Schmidt v. Harlan, A13-0654, January 21, 2014, concerned a claim for legal malpractice asserted against the attorney Harlan due to his defense of Schmidt in a suit brought by Jorgenson alleging fraud, negligent misrepresentation and unjust enrichment. Harlan obtained a partial summary judgment, winning dismissal of the Jorgenson fraud claim.
Read MoreAttorney Conflict of Interest; Disqualification of Legal Counsel
State of Minnesota, et al v. 3M Company, A12-1856, April 30, 2014, reversed the Court of Appeals in part and remanded to the trial court several rulings that had disqualified the Covington & Burlington law firm from providing legal counsel to the State of Minnesota in environmental litigation commenced against the 3M due to its manufacture and disposal of perfluorochemicals (PFCs). Prior…
Read MoreDismissal of Legal Malpractice Affirmed; Violation of Attorney Conduct Rules; Affidavit of Expert Review
Kurdymova, et al v. Robinson, A13-1734, May 12, 2014, affirmed the trial court’s dismissal of claims asserted against an attorney by husband and wife Plaintiffs who had executed conflict-of-interest waivers and paid a retainer. Both discharged the attorney Robinson, claiming he had pushed them to trial, jeopardized their case and did not adequately communicate with them. After a…
Read MoreNegligence Preparing Power of Attorney; Affidavit of Expert Review; Summary Dismissal Reversed
Guzick v Kimball, et al, A14-0429, October 6, 2014, Defendant attorney had been sued for negligence in drafting a power of attorney form which was used by the attorney-in-fact to transfer the principal’s bank accounts to himself. After the principal died his estate sued the attorney-in-fact for conversion, obtaining a non-dischargeable judgment of $226,524.39 in his bankruptcy.
Read MoreNegligence of Lawyer in a Real Estate Partition; Dismissal of Legal Malpractice Affirmed
Britton v. Hohman, A14-0912, December 29, 2014, former client Britton sued Defendant attorney, alleging negligence in the handling of an underlying real estate matter in which Britton had been sued for partition of real estate by a contract for deed vendee. After trial court granted partition in favor of the vendee in the underlying matter,…
Read MoreNegligence of Lawyer in Legal Malpractice Action Arising Out of Mechanics Lien; Summary Dismissal Reversed
Ryan v. O’Neill, A14-1472, July 27, 2015, presents a legal malpractice claim arising out of an underlying legal malpractice action. Plaintiff Ryan is a contractor that was hired by developer Farr to improve undeveloped “raw” land. No pre-lien notice had been given by Ryan prior to performing substantial work. Due to non-payment by Farr, Ryan terminated…
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