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professional liability
FIFTH CIRCUIT RULES PLAINTIFF IN MISSISSIPPI LEGAL MALPRACTICE ACTION FAILED TO PROVE HER CASE WITHIN A CASE
In Kennedy v. Hall, No. 16-60569, 2017 WL 664041, at *1 (5th Cir. Feb. 17, 2017), the Fifth Circuit affirmed summary judgment for a Mississippi attorney and his law firm in a legal malpractice action applying the “case-within-a-case” doctrine. Mississippi law requires the plaintiff in a malpractice action to prove by a preponderance of the evidence 1) the existence of a lawyer-client relationship, 2) negligence by the lawyer, 3) proximate cause, and 4) injury.
professional liability
IRS ISSUES GUIDANCE NOTICE CLASSIFYING SYNIDCATED CONSERVATION EASEMENT TRANSACTIONS AS “LISTED TRANSACTIONS”
On January 17, 2017, the IRS issued a Guidance Notice classifying syndicated conservation easement transactions as “Listed Transactions,” or presumed tax shelters.
professional liability
ALABAMA SUPREME COURT REVERSES SUMMARY JUDGMENT FOR ATTORNEY IN LEGAL MALPRACTICE ACTION, FINDING A QUESTION OF FACT AS TO PLAINTIFF’S “CASE WITHIN A CASE”
In Bond v. McLaughlin, 2017 WL 728176, --- So.3d --- (Ala. 2017), the Alabama Supreme Court reversed summary judgment for an attorney in a legal malpractice action, finding a question of fact as to whether plaintiff could prove her “case within a case.” 
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