Ethics/Professional Responsibility
Jul. 2, 2003
Legal-Malpractice Plaintiff Can't Sue for Value of Lost Punitives
Focus Column - Legal Malpractice - By Alec H. Boyd - In Ferguson v. Lieff, Cabraser, Heimann & Bernstein , 30 Cal.4th 1037 (2003), the California Supreme Court adopted a bright-line rule that precludes a legal-malpractice plaintiff from recovering damages for the lost value of a punitive-damages claim. Writing for a four-justice majority, Justice Janice Rogers Brown held that "public policy considerations strongly militate against allowing a plaintiff to recover lost punitive damages."
Legal Malpractice
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