Swank v. Cunningham

How courts have described this case

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

• failure to safeguard and manage settlement proceeds is breach of attorney’s duty of ordinary care, and amounts to claim for legal malpractice
• claims were based on the attorneys “handling” of the settlement proceeds and the “application of the credit those [settlement] proceeds allowed”
• “A trial court’s decision to treat an action as a direct action under Section 21.563(c) so as to allow recovery to be paid directly to a shareholder plaintiff, as opposed to the corporation, does not mean that the action is no longer a derivative proceeding.”
• reversal of judgment returns parties to status quo

Source: CourtListener parenthetical corpus (CC0).