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Professional Liability

Collins Einhorn Team Prevails in Defending Attorneys in Legal Malpractice Case

Collins Einhorn Farrell attorneys Colleen H. Burke, Brian D. Einhorn, and Peter J. Tomasek successfully defended their clients in a legal-malpractice case. The case stemmed from a personal-injury accident at the plaintiff’s apartment complex. Brian, Colleen, and Peter obtained summary disposition for the defendants by successfully arguing that, based on the plaintiff’s original complaint, the plaintiff couldn’t show that the defendants caused her alleged damages. The plaintiff subsequently filed a motion to amend her complaint. But Brian, Colleen, and Peter argued that the proposed amendments did not revive the claims. The Court agreed with the Collins Einhorn attorneys and dismissed all claims against their clients.

Collins Einhorn Obtains Dismissal of Class-Action Complaint

Collins Einhorn Farrell attorneys Theresa M. Asoklis, Michael J. Cook, and Eric M. Kociba obtained dismissal of a class-action complaint claiming that a law firm violated federal and state law. The federal district court agreed that the plaintiffs’ claims, which were based on the interest rate in state-court judgments, were “functionally appeals of state court decisions.” Since federal courts cannot act as an appellate court for state-court judgments, the court lacked jurisdiction and dismissed the plaintiffs’ claims. To read the full outcome, click on the headline.

Attorneys Anderson and Cook Successfully Defend Legal-Malpractice Claim Arising Out of a Stabbing at a Hookah Lounge

The plaintiff filed a legal-malpractice complaint against his criminal-defense lawyer. His claims were based on his conviction for assault with intent to do great bodily harm less than murder—he stabbed a man in the neck during a fight at a hookah lounge. After his conviction, the plaintiff filed a motion arguing that he did not receive effective assistance of counsel. The criminal court denied the motion. In the civil case, David Anderson represented the criminal-defense lawyer and obtained summary dismissal. He argued, and the court agreed, that the trial court’s finding in the criminal case that plaintiff did, in fact, receive effective assistance of counsel collaterally estopped him from claiming that his lawyer committed malpractice. The plaintiff appealed and Michael Cook successfully obtained a Michigan Court of Appeals opinion affirming the trial court’s ruling.

Deborah A. Lujan to be honored as one of Michigan’s 2018 Leaders in the Law

We are pleased to announce that our partner Deborah A. Lujan has been named a 2018 Leader in the Law by Michigan Lawyers Weekly. Ms. Lujan, selected for her dedication, leadership, and going above and beyond the call in support of her clients and her firm, is one of 30 distinguished lawyers who were chosen to receive this prestigious award. The state’s largest legal newspaper says that this year’s honorees “are changing the law, expanding access to justice and improving the profession and their communities. They are the lawyers in Michigan setting the example for other lawyers.” For full details, please click on the headline.

Attorneys Asoklis and Cook Successfully Defend Multimillion-Dollar Legal-Malpractice Claim

Collins Einhorn attorneys Theresa M. Asoklis and Michael J. Cook successfully defended a complex, large damage, legal-malpractice case. After the trial court denied two motions for summary disposition, Asoklis and Cook, obtained a rare grant of leave to appeal from the Court of Appeals. The appellate court then reversed, finding that the trial court should have granted summary disposition to the defendants based on the expiration of the statute of limitations. To read further, click on the headline.

Collins Einhorn Farrell PC Announces Attorneys Arnkoff, Edwartowski and Jacobites as New Partners

Collins Einhorn Farrell PC is pleased to announce that attorneys Joshua I. Arnkoff, Patrick M. Edwartowski, and Stephen D. Jacobites have been elected partners in the firm. To read the full details, click on the headline.

Remember that 6 1/2 year old mistake? No? Neither does the law.

In 2013, the Michigan legislature enacted a statute of repose for legal-malpractice claims. Those claims are still subject to a two-year statute of limitations, which starts running when the attorney stops representing the client as to the matters out of which the claim arose. Likewise, legal-malpractice claims are still subject to the six-month discovery rule,…

Attorneys Ashley Dickey and Kevin Moloughney Obtain Summary Disposition in Slip and Fall Case

Attorneys Ashley S. Dickey and Kevin P. Moloughney obtained summary disposition in Michigan’s 6th Circuit Court in a slip and fall case involving a snow removal company and third-party beneficiary case on the grounds of no genuine issue of material fact regarding the Plaintiff’s claims and Co-Defendant condominium complex’s claims. Additionally, the Court found that Plaintiff failed to allege a separate and distinct duty that the snow removal company owed her outside of its contractual duties with the condominium complex such that the snow removal company cannot be held liable in tort for non-performance of a contractual duty.

Legal Malpractice Update: Estate of Nash v City of Grand Haven

The Court of Appeals adopted an expansion of the attorney-client privilege in Estate of Nash v City of Grand Haven (2017). Attorney-client communications relating to legal advice are privileged, of course. But what if another party communicates with both a party and that party’s attorney in an attempt to develop a common legal strategy? Ordinarily,…

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