LEGAL MALPRACTICE CASES
Desiderio v. Yaches
Our client was represented by his former attorney for injuries sustained from a fall while renting a condominium at the shore. The previous attorney alleged that the serious injuries sustained by our client were caused by the condominium association’s failure to maintain the steps leading to the rental unit. A trial was held in Federal Court and our client’s case was dismissed as a result of errors committed by the former attorney. A suit for legal malpractice against our client’s former attorney was filed. The legal issues involved in the case were complex and had not yet been decided by the Pennsylvania Supreme Court which meant that, regardless of what verdict a jury might render, an appeal was a certainty and it would be years before the issues would finally be decided. After extensive discovery and the retaining of numerous experts the case was ultimately settled on the eve of trial for $600,000.
I represented an individual against one of the more prominent personal injury lawyers in Philadelphia in a legal malpractice case which involved a complex medical malpractice case that had been ongoing for many years. The case settled on the eve of trial and resolved almost 30 years of litigation.
I represented an individual in a legal malpractice action where the underlying case involved some of the most egregious racial discrimination by a large Philadelphia corporation. Trial was held in the Court of Common Pleas. A Philadelphia jury awarded plaintiff $350,000.00. The matter was settled under a confidentiality agreement prior to appeal.
I represented a prominent attorney accused of wrongful discrimination and other claims in the firing of his 20 year employee who happened to be the daughter of a prominent Philadelphia judge. A defense jury verdict was obtained in favor of the attorney after an out of county judge was appointed.
I represented an entrepreneur whose business had been damaged by his attorney’s failure to properly pursue a claim. After more than fifteen years of litigation a non-jury verdict was obtained which was increased by the Superior Court to $450,000.00.
I represented two national charities who sought to challenge a will in Chester County on the basis of undue influence by a bank and its employee. After losing at trial court, I overturned 100 years of Pennsylvania precedent and established that a bank could be responsible for undue influence. I successfully obtained approximately $300,000.00 for the charities involved.
I represented one of the executors in a multi-million dollar estate that involved litigation in Chester County, Montgomery County and Philadelphia County. I was successful in removing the Executors for misconduct, having them replaced and eventually brokering a family settlement agreement which involved the transfer of control of a publicly held New York Stock Exchange company.
This was an eminent domain case where the landowner alleged that the township had de facto taken their property by the building of a sewer. The case was tried before a jury in Montgomery County, which awarded a six-figure verdict to the plaintiff. The verdict was affirmed by the Superior Court and the Supreme Court refused to hear the matter.
I represented a private contractor who was threatened and eventually beaten severely by a “goon squad” of the local carpenter’s union. I filed suit in Federal Court under a RICO theory. The case settled during discovery.
I represented one of the first people accused in Pennsylvania of childhood sexual assault in a civil case that was brought under the theory of memory that had been repressed for over 20 years. We were successful in a case of first impression in showing that “false memories” were barred by the Statute of Limitations. This matter was appealed to the Third Circuit which wrote a leading Decision.
I represented an individual in Montgomery County who had sold his company to a large, publicly traded corporation and received an employment contract as part of the sale. When the company breached the employment contract, I successfully obtained a non-jury verdict in the mid six-figure range. After a successful appeal which increased the value of the case to the mid seven figures, the matter was settled.
I represented a female patient who was raped by her personal physician. After almost 10 years of dilatory tactics, mistrials and the death of the defendant, the matter was settled on the eve of the re-trial.
I represented the neighbors and neighborhood groups who sought to stop the first deer hunt in the Delaware Valley area. An injunction was obtained after it was shown that the Department of Environmental Resources had violated the Sunshine Law. After trial in the Commonwealth Court and immediate argument before the Supreme Court of Pennsylvania, the injunction was upheld and the hunt successfully stopped.
This was a criminal case where the Commonwealth was seeking the death penalty for a prisoner who had knifed to death another prisoner while in prison. The strategy of self-defense was successful. The defendant was found ‘not guilty’.
I represented one of the first teenagers accused of killing other youngsters in a high profile, drug related killing in Philadelphia. My client was 15 years old when he was accused of killing a 12 year old who worked for him selling drugs. This was a high profile case which received daily press coverage. The trial lasted 6 weeks. Four defendants were charged with murder. Only my client was found ‘not guilty’ and released after having sat in jail for almost 2 years prior to trial. Today he is an employed husband and father living in New York City.