Wednesday, March 16, 2011
The New Jersey Supreme Court held that a legal malpractice suit was not "precluded by disposition of earlier lawsuits or otherwise barred by the entire controversy doctrine."
The plaintiffs had sued the attorneys for the estate of their father. The Law Division granted the defendant's motion to dismiss. The Appellate Division reversed and was affirmed here. The court concluded that a claim of malpractice may have been raised in the probate proceedings, the plaintiffs did not have a full and fair opportunioty to litigate the malpractice claims. (Mike Frisch)