Grifulvin V

ATLA's Professional Negligence Law Reporter includes a broad range of professional liability cases. Here are examples of the kinds of cases appearing in each issue of PNLR.

ACCOUNTING

Failure to notify client of financial concerns

Verdict for a bookstore chain that went into bankruptcy following an expansion that was based on an accounting firm's positive financial report. The bookstore chain sued the firm, alleging breach of contract and negligence. Among other things, suit alleged defendant had failed to notify plaintiff of concerns die accountants had about the bookstore's financial health. * Jeffrey Thaler, Robert Keach, and Mike Bosse, all of Portland, Me., represented plaintiff.

Bookland of Maine v. Baker, Newman &Noyes, L.L.C., U.S. Dist. Ct., D. Me., No. 01-234-P-H, Apr. 8, 2003.

CLERGY

Claim filed decades after alleged abuse was time-barred

The Massachusetts Supreme judicial Court held that the three-year limitations period governing civil suits alleging sexual abuse of minors barred a claim by a woman asserting she was sexually abused by a Roman Catholic priest several decades before.

Doe v. Creighton, 786 N.E.2d 1211 (Mass. 2003).

Comment. In Richelle L. v. Roman Catholic Archbishop of San Francisco, 130 Cal. Rptr. 2d 601 (Ct. App. 2003), plaintiff sued an archdiocese, alleging she had suffered injuries resulting from a sexual relationship initiated by a priest employed by defendant. Among other things, a California appellate court held that dismissal of plaintiff's claims had been proper because they could not be adjudicated in strictly secular terms.

LAW

Collection notice characterizing amount of debt as including penalties violated FDCPA

The Seventh Circuit Court of Appeals held that a debt collector violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. [sec] 1692g(a)(1), by sending a collection notice informing a consumer that he owed an amount that included attorney fees and costs that had not yet been levied by a court. Clifford W. Shepard, Indianapolis, Ind., represented plaintiff.

Veach v. Sheeks, 316 F.3d 690 (7th Cir. 2003).

Comment: For another recent FDCPA case, see Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292 (2d Cir. 2003). There, a credit card holder sued a law firm and others, alleging, among other tilings, violation of the FDCPA for defendants' alleged failure to adequately review his credit account. The Second Circuit Court of Appeals held that an attorney who simply relies on a client's statement that a debt is overdue before sending off a collection letter does not satisfy the FDCPA's requirement of meaningful attorney involvement. * Christopher V. Langone and Lance Raphael, both of Chicago, 111.; and Brian L. Bromberg, New York, N.Y., represented plaintiff.

Limitations period for convicted client's negligence claim accrues when postconviction relief is obtained

A Minnesota appellate court held that a negligence claim alleging that a criminal defense attorney's ineffective counsel led to a client's conviction accrues, for limitations pur-poses, when the client obtains postconviction relief. Lawrence H. Crosby and Jay D. Olson, both of St. Paul, Minn., represented plaintiff.

Noske v. Friedberg, 656 N.W.2d 409 (Minn. Ct. App. 2003).

Comment: For a similar holding, see Apex Towing Co. v. Tolin, 41 S.W.Sd 118 (Tex. 2001), 16 PNLR 110 (July 2001). John H. Glover, Houston, Tex., represented plaintiffs. Documents in Apex are available through the Court Document Sets section at the back of this issue, courtesy of Mr. Glover.

PHARMACY

Misfilled prescription

Structured settlement for a child who may suffer future health problems because she received an overdose of the medicine Grifulvin, an antifungal agent. Her parents, on her behalf, sued a pharmacy, alleging its pharmacist had misfilled the prescription-which was supposed to be for the expectorant Guaifenesin-and failed to recognize and correct the mistake. * Maurice B. Graham and * Thomas K. Neill, both of St. Louis, Mo., represented plaintiffs in this case.

Lang v. Walmart Stores East, Inc., Mo., Cape Girardeau County Cir. Ct., No. CV 601-1332CC, Mar. 5, 2003.

REAL ESTATE

Faulty construction of condominiums

Settlement for a condominium association on behalf of its members, whose units sustained structural damage resulting from water leakage. Plaintiff sued a developer and a management company, alleging (1) defective design and misapplication of a stucco finish, (2) failure to make timely repairs, and (3) defective construction of balconies. *E. Richard Kennedy and Karyn Kennedy, both of Montville, N.J., and Richard Coe Jr., Turnersville, N.J., represented plaintiff.

Forrestal Vill. Cmty. Servs. Ass'n, Inc. v. Landing Assocs., N.J., Middlesex County Super. Ct., No. L-004394-98, Feb.2003.

SECURITIES

Improper loans

Settlement for several hundred thousand trustees and investors who suffered financial losses after an investment firm that managed various single-employer retirement plans and health funds loaned $160 million to a third party who later became unable to repay the money. Plaintiffs sued the firm, the third party, various accounting, law, and investment firms, and others, alleging fraud. Plaintiffs were represented by Stephen F. English, Chris Carson, Matthew Kissane, Harlan Bernstein, *Michael J. Esler, Chrys A. Martin, and Bruce Rubin, all of Portland, Or.; * Nathan M. Jenkins, Reno, Nev.; Terry Kissane, San Diego, CaL; and Daniel M. Shanley, Los Angeles, Cal.

Hazzard v. Capital Consultants LLC, U.S. Dist. Ct., D. Or., No. CV-00-1290-KI, Dec. 5, 2002.

Copyright Association of Trial Lawyers of America Aug 2003
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