This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

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."

        Focus Column
        
        Legal Malpractice
        
        B...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails