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Ethics/Professional Responsibility

May 3, 2001

Malpractice Misjudged

On March 14, 2001, the 4th District Court of Appeal, Division One, filed its opinion in Michael Piscitelli v. Robert Friedenberg, 2001 DJDAR 2667 (Cal. App. 4th Dist. March 14, 2001). The court unanimously held that, in legal malpractice actions, permitting a jury to impose punitive damages on a negligent defendant by restyling them as "lost punitive damages" is unjust and contrary to public policy.

        By Alan E. Greenberg
        
        On March 14, 2001, the 4th District Court of Appeal, Division One, filed its opinion in Michael Piscitelli v. Robert Friedenberg, 2001 DJDAR 2667 (Cal. App. 4th Dist. March 14, 2001). The court unanimously held that, in legal malpractice actions, permitting a jury to impose punitiv...

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