Megadyne Information Systems v. Rosner, Owens & Nunziato, LLP case brief summary
FACTS
-Megadyne Information Systems (Megadyne) sued the law firm of Rosner, Owens & Nunziato, LLP (the Rosner firm) and the firm's individual partners for legal malpractice and breach of fiduciary duty. -The Rosner firm successfully moved for summary judgment.
-Megadyne appeals.
HOLDING:
The court concluded summary judgment was properly granted on the legal malpractice cause of action but that triable issues of material fact exist on one fact-specific theory supporting the cause of action for breach of fiduciary duty.
ANALYSIS
-The court also found a triable issue of fact exists as to the individual partners' involvement in that breach. We therefore reverse for further proceedings.
RULES:
-A cause of action for breach of fiduciary duty requires the existence of a fiduciary relationship, a breach of the duty created by that relationship, and damages proximately caused by the breach.
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FACTS
-Megadyne Information Systems (Megadyne) sued the law firm of Rosner, Owens & Nunziato, LLP (the Rosner firm) and the firm's individual partners for legal malpractice and breach of fiduciary duty. -The Rosner firm successfully moved for summary judgment.
-Megadyne appeals.
HOLDING:
The court concluded summary judgment was properly granted on the legal malpractice cause of action but that triable issues of material fact exist on one fact-specific theory supporting the cause of action for breach of fiduciary duty.
ANALYSIS
-The court also found a triable issue of fact exists as to the individual partners' involvement in that breach. We therefore reverse for further proceedings.
RULES:
-A cause of action for breach of fiduciary duty requires the existence of a fiduciary relationship, a breach of the duty created by that relationship, and damages proximately caused by the breach.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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