Escobar v. Lilly Law Group, 2014 Va. LEXIS 71 (April 17, 2014)
Apr 17, 2014OUTCOME: reversed and remanded
dismissal on demurrer of legal malpractice claim reversed upon finding that complaint adequately alleged proximate causation
Mc Lean, VA
Lawsuits and disputes Lawyer at Mc Lean, VA
Practice Areas: Lawsuits & Disputes, Administrative Law ... +16 more
OUTCOME: reversed and remanded
dismissal on demurrer of legal malpractice claim reversed upon finding that complaint adequately alleged proximate causation
OUTCOME: dismissal affirmed
(dismissing on agency grounds a claim that an attorney interfered with his client’s contract with a second attorney)
OUTCOME: affirming summary judgment
(finding no duty to defend based on business enterprise exclusion)
OUTCOME: motion to stay denied
in a declaratory judgment suit, the Nautilus factors counseled against granting the homeowners' motion to stay
OUTCOME: motion for protective order granted
insurer's motion for protective order granted and discovery barred on grounds that only facts relevant to a determination of an insurer's duty to defend under Virginia's "eight corners" rule were the c ... ontents of the insurance policy and the allegations of the underlying complaint
OUTCOME: summary judgment granted on remand
abuse of discretion not to hear action to determine defense duties in suit arising out of $600 million Blackberry settlement
OUTCOME: motion to dismiss granted
three year statute of limitations for unwritten contract applied to legal malpractice claim
OUTCOME: motion to dismiss granted
determining citizenship of a federal savings bank for diversity purposes
OUTCOME: reversed and remanded
The insured was actually a reciprocal insurer and the company acted as an attorney-in-fact for the insured. The insured eventually collapsed, leaving its policyholders without coverage, who then sued t ... he insured's former directors and officers in pending state actions. Subsequently, two of the insurer's officers pled guilty to insurance fraud. The district court ordered the insurer to pay the officers' defense costs and abstained and dismissed the insurer's action due to the concurrent state litigation. The court held that upon consideration of the relevant factors, the case did not present exceptional circumstances justifying the surrender of jurisdiction, as there was a lack of similarity of the parties and the scope of the claims. Thus, the insurer might have been deprived of the opportunity to litigate its claims, especially since it was not part of the state actions. Even though this was a "mixed" complaint in that there were both declaratory and nondeclaratory claims, and the court applied a discretionary standard to the declaratory claims, federal jurisdiction was more proper, as the state claims were not complex and the state court would not necessarily be more efficient.
OUTCOME: affirmed
determining the statute of limitations in legal malpractice cases