http://www.morelaw.com Attorney and Client Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-08-00362-CV&s=TX&d=41979 This is an appeal from a summary judgment in a lawsuit by a client against his attorneys. In his response to the motion for summary judgment on his professional negligence claim, appellant failed to raise a material fact issue concerning causation or damages. He is not entitled to any recovery under his other claims. We affirm the trial court's judgment.Kevin Walker and Angela Walker contracted w Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%20127&s=ID&d=41743 This action involves a dispute over the parties respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file Wed, 21 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-04-01029-CV&s=TX&d=41537 This suit was brought by former clients, Bob Chambers and 182 others (appellants), against John OQuinn, John M. OQuinn, P.C., and John M. OQuinn D/B/A OQuinn & Laminack (appellees), for legal malpractice. Appellants appeal from the trial courts orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=D052463&s=CA&d=41340 In January 2004, Attorney William K. Dietz filed this action against Meisenheimer & Herron and Meisenheimer, Herron & Steele (Meisenheimer). In his complaint, Dietz alleged that he referred a bad faith insurance litigation matter involving Vital Services Company Inc. (Vital) to Meisenheimer. Dietz further alleged that Meisenheimer breached an agreement between Meisenheimer and Dietz to pay Dietz 2 Thu, 17 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A133677&s=OR&d=41382 On appeal, judgment on claim for legal negligence reversed and remanded for new trial with instructions to strike paragraphs 16(a) and 16(b) from plaintiff's complaint; judgment on counterclaim for breach of written contingent fee contract reversed and remanded. On cross-appeal, judgments for directed verdict on slander of title and misuse of civil proceedings claims involving lis pendens and sta Wed, 9 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=4D08-1742&s=FL&d=41130 We consider challenges to the circuit courts rulings on prejudgment interest o n attorneys fees and costs established in a charging lien proceeding arising from the claim of a law firm discharged by the client in a personal injury action. We hold that prejudgment interest runs from the date the client received the proceeds of settlement, a time fixed by the contract between the client and th Wed, 5 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06C15785&s=OR&d=40588 Plaintiff Colby is an attorney who represented himself in this proceeding for inspection of public records under the Oregon Public Records Law, ORS 192.410 to 192.505. Plaintiff prevailed in the appeal and seeks attorney fees and costs under ORS 192.490(3). We deny the petition for attorney fees and allow costs in the amount of $520.98, to abide by the outcome on remand under ORAP 13.05(4).Pla Wed, 17 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%2061&s=ID&d=40034 This dispute arises out of an alleged employment contract between Appellant Robert Gray and Respondents Tri-Way Construction Services, Inc., a Washington corporation; and Ray Allard, Kathy Peterson and Gary Peterson, as individuals (collectively Tri-Way). Gray appeals from the district courts order of summary judgment in favor of Tri-Way on his breach of contract, equitable estoppel, statutory Mon, 27 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%2037&s=ID&d=40042 This dispute stems from the sale of a parcel of real property located in Idaho Falls. Blair and Joann Grover (the Grovers) purchased the land subject to a note (the Note) issued by Earl and Norma Wadsworth (the Wadsworths). The Grovers claim that the Note has been paid in full and that they are the owners of the parcel. The Wadsworths claim that due to an error in the amortization table the Note h Thu, 5 Mar 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009-NMCA-037&s=NM&d=40082 {1} Defendant Allstate Insurance Company (Allstate) appeals, challenging the jury award of compensatory damages and punitive damages to Plaintiffs Suzanne Guest and the Guest Law Firm, P.C. (Guest). Guest cross-appeals, challenging the trial court action in reducing the punitive damages award and refusing to award attorney fees. We affirm in part, reverse in part, and remand for a new trial o Tue, 17 Feb 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%203&s=NV&d=38990 In this appeal, we consider which statutes of limitation apply to claims for intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty arising from an attorney-client relationship. We determine that claims for intentional interference with prospective business advantage and contractual relations are claims for i Thu, 29 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=H031726&s=CA&d=38417 As we observed three years ago, The Mandatory Fee Arbitration Act (MFAA), under Business and Professions Code section 6200 et seq., provides a quick and inexpensive method for clients, at their option, to resolve fee disputes with their attorneys. (Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1083, fn. omitted.) In the attorney-client fee dispute before uswhich ar Mon, 8 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C-080016&s=OH&d=38545 {1} Plaintiffs-appellants, P. Valerie Knowlton and Norma Knowlton, executor of the estate of Peter M. Knowlton, (collectively the children) appeal a judgment of the Hamilton County probate court in favor of defendants-appellees, Charles Lindberg and Fifth Third Bank, the executors of the estate of Austin E. Knowlton and the trustees of the Austin E. Knowlton Trust (collectively the esta Fri, 21 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=33663&s=WV&d=36788 This case is before us on appeal for a second time. In the first appeal (hereinafter Messer I), (See footnote 1) we reversed the dismissal by the lower court of Theresa D. Messer's discrimination suit based on handicap. Ms. Messer (hereinafter Appellant) now appeals from the January 11, 2007, order of the Circuit Court of Cabell County granting summary judgment to the defendants Thu, 26 Jun 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04-07-00096-CV&s=TX&d=36224 This is an appeal from an arbitration award in favor of appellee, Daniels & Daniels. In an opinion and judgment dated February 13, 2008, we reversed the trial court's judgment in part and remanded for entry of judgment consistent with our opinion because we concluded the trial court erred in affirming portions of the arbitration award. Appellants filed a motion for rehearing. We grant the motion f Fri, 16 May 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B197692&s=CA&d=35830 In the underlying lawsuit in this matter, real parties in interest (hereinaftercollectively referred to as plaintiffs)1 allege that prior to September 2001, defendant andpetitioner Costco Wholesale Corporation (Costco) misclassified certain managers asexempt employees. Plaintiffs assert they have a right to inspect a letter that has beenredacted by the trial court. In this writ of mandate Thu, 27 Mar 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CV-07-0127-PR&s=AZ&d=35640 1 Under Arizona law, an insurance agent's clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties.I. 2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance agent. Gitt Wed, 12 Mar 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B194917&s=CA&d=35405 James T. Stroud, Van T. Do, and their law firm Stroud & Do, appeal from the trialcourt's order compelling them to release funds they wrongfully withheld from theirformer client, Dominick A. Tunzi, in their attempt to recover their attorney's fees. Weaffirm.FACTS AND PROCEEDINGSRespondent Dominick A. Tunzi sued his former employer and hired appellantsJames T. Stroud and Van T. Do to Sat, 23 Feb 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-56045&s=CA&d=35335 In the early 1990s, Cynthia DeLores Tucker, whose historyas an activist dates back to the civil rights movement of the1950s and 1960s, became concerned with the increasing popularityof the style of hip-hop music known as "gangsta rap,"particularly its appeal to African-American youth. Sheenlisted the support of notable entertainers including DionneWarwick and Melba Moore to engage in l Fri, 8 Feb 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CV-07-0127-PR&s=AZ&d=35065 1 Under Arizona law, an insurance agent's clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties.I. 2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance agent. Gitt Thu, 10 Jan 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=Unknown12/29/2007&s=WA&d=34788 Nine-year-old Nathan Walters died after ingesting part of a peanut butter cookie, which was served to him in a school lunch on a school field trip. The school district had been aware that Nathan was severely allergic to peanuts, but it did not provide him with a special lunch, nor did school personnel administer epinephrine soon enough to prevent his death. The school distr Thu, 27 Dec 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04CV1047&s=CO&d=34304 Plaintiff, Front Range Home Enhancements, Inc., appeals from the trial court order denying its request for an award of attorney fees against defendant, Michael Stowell. Plaintiff also appeals from a subsequent order imposing sanctions against it pursuant to section 13-17-102, C.R.S. 2007. We affirm.Plaintiff filed a complaint alleging that defendant failed to pay for certain improvements pla Thu, 1 Nov 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=F051447&s=CA&d=34105 While employed as a dispatcher for the City of Taft Police Department, plaintiffAimee Nichols was allegedly subjected to physical and verbal sexual harassment on thejob. She filed suit alleging claims of intentional tort and violation of the FairEmployment and Housing Act (FEHA).1 On the eve of trial, the parties settled. It wasagreed in the settlement that defendant, City of Taft, would p Sat, 6 Oct 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-195&s=WY&d=33580 [1] The federal district court for the District of Wyoming certified twoquestions to this Court concerning how a negligent attorney‟s contingency fee inthe underlying personal injury action should be accounted for in a subsequentmalpractice award to his former client. We conclude that, consistent with ourdamages jurisprudence in other areas of the law, a malpractice plaintiff is enti Thu, 9 Aug 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2007-NMCA-079&s=NM&d=33470 {1} Plaintiffs, Computer One, Inc., and its president, Caroline C. Roberts (both referred to as "Computer One"), sued their former attorneys Grisham & Lawless, both individually and as a firm, alleging legal malpractice. The district court granted summary judgment in favor of Defendants on the basis of claim preclusion (res judicata), finding that Computer One's legal malpractice claims wer Wed, 13 Jun 2007 00:00:00 CST