July 2025

LAWYERS' PROFESSIONAL LIABILITY RESULTS

Kimberly House and Oswald Clark (both of Philadelphia, PA) successfully defended against the plaintiffs’ appeal from a verdict obtained by Aaron Moore and Alesia Sulock (both of Philadelphia, PA). Aaron and Alesia defended our client against a legal malpractice claim brought by the plaintiffs. During the case, the trial court partially granted Aaron’s and Alesia’s motion for judgment on the pleadings, which dismissed several tort claims and a claim for unfair trade practices. The matter then proceeded to trial on the remaining breach of contract claim. The jury returned a verdict in favor of our client, and the plaintiffs appealed. On appeal, the plaintiffs challenged the trial court’s rulings on the motion for judgment on the pleadings and a motion in limine which purportedly precluded the plaintiffs from introducing certain evidence. The Superior Court affirmed in a unanimous decision and held that the plaintiffs’ tort claims were barred by the statute of limitations and that the plaintiffs’ argument regarding the trial court’s decision on the motion in limine was waived because they failed to properly develop the argument in their appellate brief.


Jack Slimm and Jeremy Zacharias (both of Mount Laurel, NJ) successfully defended an appeal of a legal malpractice action in the New Jersey Appellate Division. The action was tried in Burlington County, New Jersey, and arouse out of the plaintiff’s claims regarding our client’s settlement of underlying equitable distribution and alimony claims in connection with the plaintiff’s ownership of an ultrasound company.


Josh J.T. Byrne (Philadelphia, PA) received a unanimous decision from the Supreme Court of Delaware affirming the trial court’s decision dismissing a legal malpractice case arising out of an underlying class action settlement. The Supreme Court agreed with the arguments made on behalf of the defense that the underlying court’s approval of the claims administrator process and the underlying court’s finding that the class representation was adequate both preclude a legal malpractice claim arising out of client dissatisfaction with the settlement and claims process.


Josh J.T. Byrne and Jacob Schultz (both of Philadelphia, PA) obtained dismissal of claims in a civil rights action brought against their attorney client in the Middle District of Pennsylvania. The plaintiff brought claims for Deprivation of Rights (42 U.S.C. § 1983), Conspiracy Against Rights (42 U.S.C. § 1985) and Civil Conspiracy against their client. Jake and Josh filed a motion to dismiss pursuant to F.R.C.P. 12(b)(6), arguing that the plaintiff had failed to state a claim upon which relief could be granted. The Magistrate Judge agreed, issuing a report and recommendation for the claims to be dismissed, which the District Judge then adopted as the court’s decision. No timely appeal was taken.


Josh J.T. Byrne (Philadelphia, PA) achieved an informal admonition, the lowest form of discipline which is non-public, for a lawyer client in a matter that involved alleged failures to appropriately represent clients and timely file appeals in six different criminal matters.


*Prior Results Do Not Guarantee a Similar Outcome

CASE LAW UPDATE

Alesia S. Sulock, Esq.

Delaware Court Dismisses Legal Malpractice Case Arising from Underlying Class Action

Hernandez et al. v. Baird Mandalas Brockstedt & Federico, LLC, No. 204, 2024, 2025 WL 1304194 (Del. May 6, 2025)


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LAWYERS' PROFESSIONAL THOUGHT LEADERSHIP

June 13, 2025 — Jack Slimm (Mount Laurel, NJ) was a featured speaker at the annual New Jersey Institute for Continuing Legal Education seminar – Legal Malpractice Update. Jack spoke with Appellate Judge Harry Carroll on the subject of Rule 104 Hearings Regarding Experts In Legal Malpractice Actions.


June 11, 2025 – James Hanratty (Jacksonville, FL) and Alesia Sulock (Philadelphia, PA) have been admitted to membership of the International Association of Defense Counsel. The IADC is an invitation-only, peer-reviewed association that has served a prestigious membership of corporate insurance executives and insurance defense attorneys since 1920. Its members include many of the world’s foremost corporate and insurance lawyers, as well as leading insurance executives.


May 22, 2025 – Josh J.T. Byrne (Philadelphia, PA) and Gregory Graham (Pittsburgh, PA) have been selected to the 2025 edition of Pennsylvania Super Lawyers magazine. A Thomson Reuters business, Super Lawyers is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, no more than five percent of the lawyers in the state are selected for this honor. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. A description of the selection methodology can be found here.


May 19, 2025 – In their latest article to appear in The Legal Intelligencer, “The Barrier to Legal Malpractice Cases Arising Out of Class Action Settlements,” Alesia Sulock and Josh J.T. Byrne (both of Philadelphia, PA) explore a recent Delaware Supreme Court decision which examines why it is appropriate to have high barriers to legal malpractice actions after a class action settlement. You can read their article here.


May 13, 2025 – Jack Slimm and Jeremy Zacharias (both of Mount Laurel, NJ) presented at the Camden County Bar Association’s Annual Civil Practice Update. Jack covered recent case law updates within New Jersey and Jeremy moderated the panel discussion, which was also presented by the Honorable Steven J. Polansky, as well as several private practitioners. This annual seminar is well attended and has been a staple within the Camden County Bar Association for over two decades.


April 22, 2025 – Josh J.T. Byrne (Philadelphia, PA) participated in “The New World of Immigration Under the Trump Administration: Sensitive Area and Worksite Enforcement 2025” for the Pennsylvania Bar Institute.


April 3, 2025 – Alesia Sulock (Philadelphia, PA) joined a panel discussion at the American Bar Association Spring 2025 LPL conference, “By Young Professionals, For Young Professionals: YP Roundtable – Part Three – A Lunch Discussion.”


Marshall Dennehey

marshalldennehey.com

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Legal Update for Lawyers' Professional Liability - July 2025 has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved.