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· 5/25/1979

Daniel L. Tappen, M. D. v. Law Lamar Ager, M. D.

Citations

  • 599 F.2d 376
  • 1979 U.S. App. LEXIS 14436

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • violation of a statutory or administrative standard makes a prima facie case of lack of due care
  • if defendant used judicial process for proper purpose, though there be malice in his heart, law recognizes no abuse of process
  • \[T]he duty is owed by the lawyer to his client and to the legal system. It does not form a basis for a suit by an opposing party.\
  • no duty running from plaintiff or plaintiff’s attorney to adversary to investigate or use reasonable care in filing a lawsuit because in an adversary system, a lawyer owes an exclusive duty to his or her client and the legal system
  • An attorney engaged in discharging professional duties on behalf of his or her client cannot be held hable for negligence toward a third person, for the reason that the attorney’s paramount and exclusive duty is to his or her client.

Source: CourtListener parenthetical corpus (CC0).

Judges: Holloway, Doyle, Logan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.