Daniel S. Strick, Author at Professional Liability Matters

March 5, 2025 Malpractice Defenses

New Jersey Attorney Cleared of Alleged Malpractice

The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla.

Goldberg Segalla’s client was the second lawyer of three representing homeowners in an action against their insurance company for breach of contract and consumer fraud claims related to a water loss in their home. The underlying action was removed from the trial calendar so the parties could pursue private mediation. When mediation was unsuccessful, the …

September 4, 2024 Miscellaneous Professionals

Without Standing, Plaintiff Cannot Run to Court

The United States District Court for the District of New Jersey reiterated the importance of standing and reviewed its application to the Fair Debt Collection Practices Act in the matter of George v. Rushmore Serv. Ctr., LLC, 2024 U.S. App. LEXIS 20303 (Aug. 13, 2024 3d Cir.).

In 2013, the plaintiff opened a credit card account with First Premier Bank. A few months later, she defaulted on the account by failing to make the monthly minimum payment. This failure to pay initiated First Premier’s …

Pennsylvania state of United States flag waving cloudy sky background

July 3, 2024 Miscellaneous Professionals

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL).

In Dwyer v. Ameriprise Fin., Inc., 313 A.3d 969 (2024), the Pennsylvania Supreme Court addressed whether the award of treble damages under the UTPCPL was duplicative of an award of punitive damages so that a plaintiff could only recover one or the other. Finding the purpose of treble damages differed from the goal of …

February 27, 2024 Law Practice Management

Avoid Sanctions by Reading the Rules and Admitting a Mistake

Read the rules.

Let’s say it again: Read. The. Rules.

On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and admitting a mistake when given the chance.

In Promptu Systems Corp. v. Comcast Cable Communications, LLC, U.S.C.A Fed Cir. No. 2022-1093, counsel for one of the appellees incorporated by reference in a footnote nearly 2,000 words from a prior brief filed in a related case. …