Download Publication The Fourth District holds a legal malpractice plaintiff must prove an underlying judgment is collectible to establish a cause of action. Further, the evidence to establish this must not be speculative. DLA Piper obtained a judgment for its clients Dennis Wise and Joan Macfarlane (“Wise”) against William Cheng. Wise was advised the judgment […]
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 […]
Download Publication The Fourth Appellate District has ruled on five significant legal malpractice issues. First, there is a constitutional right to a jury trial in legal malpractice cases, even if a court or arbitrator would have decided the underlying case. Second, expert testimony on the likely result of an underlying case invades the province of the jury […]
