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Firm Accused of Duping Malpractice Claimants

The National Law Journal

Former clients of a Cleveland-based law firm have convinced an Ohio appeals court to revive their claim that the firm duped them into a low-ball settlement in a legal malpractice case. Reversing a lower court, the three-judge panel threw out summary judgment in favor of Javitch Block, finding that the lower court needed to sort out whether the law firm intentionally failed to disclose that it carried professional liability insurance that may have covered the former clients' malpractice claim against the firm.


Court Says 'Civil Action' Lawyer Had Right to Sue Fellow Attorneys

The National Law Journal

Jan Schlichtmann didn't violate state law when he sued his fellow plaintiffs lawyers in a fee fight, a Massachusetts court ruled Monday. But the ruling isn't likely to help him recover any money. The lawyer, known for his role in the case that inspired the book "A Civil Action," had sued to try to recover $9 million in lost legal fees. He claimed he lost the money when Nestle backed out of a settlement to prevent a lawsuit against it for allegedly making fraudulent claims about the purity of its water.


Willie Gary Targets D.C. Transit Authority Over Fatal Rail Crash

The American Lawyer

Famed plaintiffs lawyer Willie Gary, having shaken off the racketeering charges in a suit claiming he raped his former secretary, is back to litigating his own cases. On Tuesday, Gary's firm announced that it would be co-counsel in a suit on behalf of two victims of last week's catastrophic metro rail crash in Washington, D.C., that killed nine people. Gary claims that Ivey Epps and her mother were "victims of negligent inspection" by the Washington Metropolitan Area Transit Authority.


3rd Circuit Recognizes New Cause of Action for Civil Rights Violations at Nursing Homes

The Legal Intelligencer

In a landmark opinion that recognizes a new category of lawsuits, the 3rd Circuit has ruled that the Federal Nursing Home Reform Amendments give residents of county-run nursing homes the right to bring civil rights claims under Section 1983 to challenge the quality of their treatment. The ruling revives a suit brought by the estate of an 80-year-old mother of eight who died in a nursing home as a result of neglect, malnourishment and bed sores that were so severe they led to a fatal case of sepsis.


FTC Rule on Identity Theft Draws Strong Criticism From Bar Groups

New York Law Journal

The New York State Bar Association on Monday became the latest bar group to protest new Federal Trade Commission rules requiring lawyers to become involved in preventing identity theft, calling the move unauthorized, unnecessary and destructive to the attorney-client relationship. The State Bar's objections follow those submitted last week by the ABA and the New York County Lawyers' Association. The ABA denounced the rules as imposing "an undue burden on law firms, especially solo practitioners."