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Case Summaries

Legal Malpractice

[06/21] Tucker Ellis v. Evan Nelson
In a writ proceeding to determine whether attorney work conduct privilege attaches to documents created by an attorney employee during their employment with an employer law firm, the lower court's judgment is vacated where the privilege attaches to the firm, rather than the employee.

[05/26] Corona-Contreras v. Gruel
In action alleging breach of contract and legal malpractice, the district court's decision remanding the case to state court is reversed where the court exceeded its authority under 28 U.S.C. section 1447(c) in sua sponte ordering a remand based on a procedural defect in the removal from state court.

[04/19] Broadway Victoria v. Norminton, Wiita & Fuster
In a suit for legal malpractice and breach of fiduciary duty arising from defendants' representation of plaintiff in an earlier breach of contract action, the trial court's judgment in favor of defendants is affirmed as to the grant of nonsuit on plaintiff's breach of fiduciary claim because plaintiff did not adduce any evidence in support of that claim beyond the evidence offered in support of its malpractice claim for professional negligence.

[03/15] ECC Capital v. Manatt, Phelps & Phillips
In an appeal from a judgment confirming a final arbitration award of attorneys' fees, expert fees, and costs against plaintiffs and in favor of defendants as the prevailing party in an underlying arbitration of legal malpractice claims, the award is affirmed over plaintiff's meritless or forfeited arguments that the trial court erred in confirming the arbitrator's interim award denying its claims because the arbitrator violated mandatory disclosure rules governing arbitrations, and that the trial court erred in confirming the final award because defendant's engagement agreement was illegal, defendant obtained the award by fraud, and the arbitrator limited plaintiff's rights to take discovery and present evidence at the arbitration on the issue of defendant's conflict of interest.

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