Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Nordwind v. Rowland

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: May 14, 2009

Before: MINER and WESLEY, Circuit Judges, and STANCEU, Judge.*fn2

Thekla Nordwind and Greta Hoerman, plaintiffs-counter-defendants-appellants-cross-appellees, Gerald B. Taylor as executor of the Estate of Michael Franke, plaintiff-third-party-defendant-counter-claimant-counter-defendant-appellant-cross-appellee, and Peter Franke-Ruta, counter-claimant-third-party-defendant-appellant-cross-appellee, (collectively the “plaintiffs” or the “Nordwind Parties”), appeal from a summary judgment entered on October 16, 2007, in the United States District Court for the Southern District of New York (Pogue, J., sitting by designation), in favor of the plaintiffs’ former counsel David J. Rowland (“Rowland”) and Rowland & Associates, defendants-third-party-plaintiffs-counter-defendants-counter-claimants- appellees-cross-appellants, and Rowland & Petroff, defendant-counter-claimant-third-party-plaintiff-appellee-cross-appellant (collectively, the “defendants”). As relevant to this appeal, the District Court dismissed (1) the Nordwind Parties’ claims against the defendants for breach of fiduciary duty, breach of contract, and negligence, as duplicative of the plaintiffs’ claim against the defendants for legal malpractice; and (2) the Nordwind Parties’ legal malpractice claim against the defendants because, pursuant to German law, the Nordwind Parties would have only been entitled to 50% of the subject inheritance regardless of Rowland’s alleged malpractice; and denied (3) the Nordwind Parties’ claim of unjust enrichment and request to disqualify Rowland from further representation of clients whose interests in the subject inheritance are adverse to the Nordwind Parties’ interests. For the reasons that follow, we affirm the judgment of the District Court.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Women Leaders in Consulting (WLC) 2024
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Assistant Town Attorney

General Statement of DutiesPerforms legal work involving full litigation of all types of matters both for and against the Town, including al...


Apply Now ›
FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have a mi...


Apply Now ›
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
Go to Lawjobs