Jurisdiction

State Court Has Jurisdiction of Legal Malpractice Action Arising out of Patent Claim
New Tek Manufacturing, Inc. v. Beehner, 275 Neb. 951, 751 N.W.2d 135 (2008)

The Nebraska Supreme Court recently revisited the issue of subject matter jurisdiction in a legal malpractice action arising out of an underlying patent claim.

Jurisdiction

No Federal Jurisdiction for Legal Malpractice Claim Arising out of Trademark Infringement Case
Singh v. Duane Morris LLP, ___ F.3d ___, 2008 WL 2908912 (5th Cir.2008)

A client prevailed at trial in his trademark infringement case. The United States Court of Appeals for the Fifth Circuit reversed, concluding that he had presented “little or no evidence of secondary meaning.”

Jurisdiction

Federal Court Has Jurisdiction of Legal Malpractice Action Arising out of Lost Patent Claim
LaBelle v. McGonagle, 2008 WL 3842998 (D. Mass. 2008)

Plaintiffs alleged that defendant, their former attorney, was retained to conduct a patent search and to prepare and file a patent application on their behalf for a retractable driveway safety barrier.

Evidence

Evidence of Divorce Settlement Held Inadmissible to Prove Damages in Legal Malpractice Suit Based on Drafting of Prenuptial Agreement
McDevitt v. Guenther, 522 F. Supp. 2d 1272 (D. Haw. 2007)

Following his divorce from Yoakam, plaintiff McDevitt sued Yoakam’s good friend, Guenther, an attorney who had helped the couple with prenuptial issues. McDevitt alleged, inter alia, legal malpractice and negligence based on Guenther’s preparation of the McDevitt-Yoakam prenuptial agreement.

Evidence

Malpractice Claim Could Not Be Based on Expert Testimony Criticizing Attorney’s Handling of Case Without Specifying Any Breach of Standard of Care
Wolski v. Wandel, 2008 WL 75598 (Neb. March 21, 2008)

A disabled client, Wolski, retained attorney Wandel to represent him in a dispute with his sister over certain farmland. In 1974 and on January 9, 1975, Wolski’s parents had conveyed the land to Wolski by warranty deed. Another warranty deed, from Wolski to his sister, Parriott, dated January 13, 1975, transferred the same property to Parriott, as “Trustee.” That deed did not identify a trust, name a beneficiary or describe the trust in any way. Wolski and Parriot engaged in a longstanding dispute over income from the property.

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.