Sentences with phrase «assignments of legal malpractice»
Practice Note: This decision runs contrary to recent decisions in other jurisdictions that seem to relax the standard privity requirements in legal malpractice claims and permit assignments of legal malpractice claims to non-clients in a business context.
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Additionally, the SJC rejected Otis» arguments that judicial estoppel should not be applied because: (1) Otis is bringing the present suit as an assignee of Cusick and is therefore presenting Cusick's claims, not his own; (2) Otis himself did not make inconsistent statement under oath concerning his comparative negligence; and (3) the SJC previously rejected use of judicial estoppel in cases of assignment of legal malpractice claims.
The SC Supreme Court ruled that «in South Carolina, the assignment of a legal malpractice claim between adversaries in litigation in which the alleged malpractice arose is prohibited.»
The underlying case involved a confessed judgment of $ 4.5 million and purported assignment of legal malpractice and other claims in a matter initially filed in Allendale County.
Not exact matches
A Bankruptcy Court Order Permitting Creditors to Pursue Legal Malpractice Claims in State Court in the Name of a Debtor's was an Impermissible Assignment and Violates Public Policy Co-authored with Jessica Green, published in the March 2017 issue of the eAdvisory published by the American Bar Association's Standing Committee on Lawyers» Professional Liability