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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/rettlglyrs0051 and id is 1 raw text is: THE LAw GOVERNING LAWYERS 3D CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP § 14. Formation of a Client-Lawyer Relationship C.A.4, 2014. Com. (h) quot. in ftn. In a tort case based on alleged asbestos exposure, this court reversed and remanded the court of appeals' decision denying defendant's motion for vacatur of an underlying remand order. In the course of its discussion, this court pointed out that it used the phrase plaintiffs' counsel to refer to both of plaintiffs' attorneys, because those attorneys came from the same firm. The court explained that, according to Restatement Third of The Law Governing Lawyers § 14, Comment h, when a client retained a lawyer, the lawyer's firm assumed the authority and responsibility of representing that client, unless the circumstances indicated otherwise. Barlow v. Colgate Palmolive Co, 772 F.3d 1001, 1005. D.Ariz.2014. Subsec. (1)(a) quot. in case quot. in sup. Insured who originally lived in Michigan but later moved to Arizona brought claims sounding in breach of contract and bad faith against insurer, alleging that insurer breached a personal-injury-protection policy it had issued to insured's father in Michigan by failing to pay insured benefits due and to inform him of the extent of his benefits after an automobile accident in Michigan rendered him a quadriplegic. This court denied in part insurer's motion for summary judgment, holding that a genuine issue of fact existed as to whether insured knew or reasonably should have known of insurer's alleged bad-faith actions prior to the deadline for the statute of limitations. Citing Restatement Third of the Law Governing Lawyers § 14 on formation of an attomey-client relationship, the court noted that there was conflicting evidence as to whether insured's former attorney continued to represent him during the relevant period such that attorney's knowledge of the extent of insured's entitlement to attendant-care benefits could be imputed to insured. Barten v. State Farm Mut. Auto. Ins. Co., 28 F.Supp.3d 978, 988. Ill.App.2015. Cit. in sup. Private-equity company and investors brought a legal-malpractice action against attorney and law firm that specialized in intellectual-property law, alleging that plaintiffs invested in a company that relied on a number of processes that were the subject of patents based on defendants' misrepresentation that the company owned and controlled the patents. The trial court entered judgment for plaintiffs. This court affirmed, holding that defendants owed a duty to all investors involved in the transaction. Citing Restatement Third of the Law Governing Lawyers § 14, the court explained that, even though the retention agreement was only between private-equity company and defendants, defendants knew that there were other investors involved in the transaction that were dependent on their work, and the evidence showed that defendants consented to perform services for the transaction as a whole. Meriturn Partners, LLC v. Banner and Witcoff, Ltd., 391 ll.Dec. 775, 780, 31 N.E.3d 451, 456. 'A L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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