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Tag: Damages

July 11, 2016

ESG Capital Partners, LP v. Stratos, 828 F.3d 1023 (9th Cir. 2016)

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Download Publication The Ninth Circuit holds an attorney can be liable under securities laws and common law torts if he goes beyond his proper role, and actively participates in the client’s fraud. ESG Capital Partners, L.P. (“ESG”) was a group of investors formed to purchase pre-Initial Public Offering Facebook shares. Timothy Burns, ESG‘s managing agent, […]

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April 30, 2013

Lost Profit Claims as Speculative Damages: The Courts’ “Gatekeeper” Role

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Download Publication I.                    Introduction “World history is replete with fascinating ‘what ifs.’  What if Alexander the Great had been killed early in his career at the Battle of the Granicus River, as he nearly was?  What if the Saxon King Harold had prevailed at Hastings, and William, later called the Conqueror, had died in that battle […]

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November 26, 2012

Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747

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Download Publication The California Supreme Court re-affirms trial courts, as “gatekeepers” regarding expert testimony, may exclude testimony supporting speculative or conjectural damages. Sargon Enterprises, Inc. obtained a patent and FDA approval for a dental implant.  Sargon contracted with the University of Southern California School Of Medicine (“USC”) to perform a five-year study on use of […]

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November 15, 2011

Khodayari v. Mashburn (2011) 200 Cal.App.4th 1184

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Download Publication The Second District holds that a client’s claims are fundamentally premised on attorney malpractice in the criminal defense context, and fail because he cannot establish actual innocence or postconviction relief. A jury convicted Bahman Khodayari of four counts of misdemeanor grand theft and three counts of misdemeanor insurance fraud.  He was placed on […]

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November 30, 2010

Dang v. Smith (2010)190 Cal.App.4th 646

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Download Publication The Sixth District holds that summary judgment was warranted when the client’s liability theories were speculative and not supported by proof of damages.  Sherry Dang retained Alan Smith and his firm who obtained a judgment against Robert Probst.  A judgment lien was recorded against Probst’s joint tenancy property but was extinguished after Probst […]

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September 19, 2006

Slovensky v. Friedman (2006) 06 Cal. Daily Op. Serv. 8904

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Download Publication The Third District holds that a plaintiff cannot establish damages, elements of both a legal malpractice and a breach of fiduciary duty claim, when the underlying cause of action is time-barred. Tamara Slovensky retained Morton L.  Friedman, C.  Brooks Cutter, the law firms of Friedman, Collard, Cutter & Panneton, and the Cutter Law […]

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September 25, 2003

Edward M. Wolkowitz v. Redland Insurance Company, et al. (2003) 112 Cal.App.4th 154

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Download Publication A bankruptcy court’s allowance of a claim in an uncontested proceeding does not satisfy the damages element of a legal malpractice claim. Anthony Choy filed a personal injury lawsuit against Shamrock.  Shamrock’s insurer, Redland, retained Zinder, Blackburn, Park, Clements & Keenan to defend Shamrock.  Redland refused Choy’s demand to settle for policy limits […]

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June 25, 2003

Barnard v. Langer (2003) 109 Cal.App.4th 1453

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Download Publication The Second Appellate District finds that an inadequate settlement claim is speculative without proof of the underlying adversary’s willingness to pay a higher settlement or proof of a better trial result.  In addition, the tension between attorney’s fees and the client’s interest is not a conflict of interest.  Finally, abusive client conduct concerning […]

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June 9, 2003

Ferguson v. Lieff, Cabraser, Heimann & Bernstein (2003) 30 Cal.4th 1037

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Download Publication California Supreme Court holds that attorneys cannot be liable for “lost” punitive damages.  Resolving a split of authority at the appellate level, the California Supreme Court today adopted a broad, bright-line rule that precludes malpractice claims against attorneys for “lost” punitive damages.  The majority opinion by Justice Brown, joined by Chief Justice George […]

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April 11, 2003

Orrick Herrington & Sutcliffe v. Superior Court (Malcolm) (2003) 107 Cal.App.4th 1052

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Download Publication To establish a claim of “negligent settlement”, plaintiff must prove his opponent in the underlying matter would have settled on more favorable terms or that there would have been a better result at trial. Michael A. Malcolm hired Orrick Herrington & Sutcliffe to represent him in the dissolution of his marriage.  After Malcolm […]

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