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Negligence: Legal Malpractice – Proximate Cause – Criminal Conviction
Stephanie Maniscalco//March 16, 2013//
Negligence: Legal Malpractice – Proximate Cause – Criminal Conviction
Stephanie Maniscalco//March 16, 2013//
Listen to this articleWhere a plaintiff brought a legal malpractice action arguing that but for the negligent advice of his counsel, he would have proceeded to trial and successfully defended against criminal charges in an insurance fraud case, the plaintiff’s guilt was established by his guilty plea and the denial of post-conviction relief, so the plaintiff was collaterally estopped from proving that the defendants’ actions proximately caused his damages.
Judgment is affirmed.
Rosenberg v. Shostak (MLW No. 64769/Case No. ED98219 – 16 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Appealed from circuit court, St. Louis County, Bresnahan, J. (Frank K. Carlson for appellant) (Joseph L. Green and Lawrence R. Smith for respondents).
Read the full text of this opinion. (PDF)
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