Legal Counsellor
Spring 2010                                      


Welcome to LUCAS and CAVALIER, LLC

We hope you enjoy this newsletter which reports on cases involving interesting issues in the areas of professional liability, product liability, attorney-client privilege and insurance coverage with maritime principles.  Please continue to forward this publication to your colleagues and suggest topics for us to address in the future.

We would also like to point out this month marks the 10 year anniversary of the firm.  We are proud of the manner in which we have grown, provided services and are grateful for the opportunities afforded to us by so many of our fine clients.  At the same time we acknowledge the significant contributions of our attorneys and staff, many of whom you work with on a routine basis. 


Robert M. Cavalier,

Managing Partner

Henry C. Lucas, III
Marine Insurance Policy Language May
Restrict Uberrimae Fidei

By:  Henry C. Lucas, III 


  New Jersey Real Estate Lawyer Liable in Client's Mortgage Scam

(Plus: Update on Fee-Shifting in New Jersey Legal Malpractice Cases)

By:  Matthew S. Marrone


             In what is believed to be the first ruling of its kind in New Jersey, a bankruptcy court judge has held a real estate lawyer liable for nearly $700,000, plus punitive damages and legal fees, for his role in a client's mortgage foreclosure rescue scam.  Full Story
Volume 3  Issue: 1
In This Issue
Marine Insurance Policy Language May...Restrict...Uberrimae Fidei
New Jersey Real Estate Lawyer Liability/Fee-Shifting in Legal Malpractice Cases
To Be or Not to Be ..Privileged: ..Pennsylvania. .Supreme Court Cannot Agree
Combating An Opposing Party's Destruction Of Evidence


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Dan Strick

To Be or Not to Be...Privileged:

Pennsylvania Supreme Court Cannot Agree


             The Pennsylvania Supreme Court Justices could not agree on the scope of the attorney-client privilege in the matter of Nationwide Mutual Insurance Company v. Fleming, 2010 Pa. LEXIS 40 (Jan. 29, 2010).  Due to retirements and recusals, only four justices heard the case.  A two-two split resulted with the Superior Court's decision being affirmed, even though none of the Justices agreed with the rationale provided by the Superior Court.  Thus, leaving the scope of the attorney-client privilege in the state of flux.   Full Story
Jordan S. Tafflin

Combating An Opposing Party's Destruction Of Evidence

By:  John A. Carleton

            It is not uncommon for a party to be involved in litigation wherein the other party has destroyed crucial evidence, such as the product allegedly involved.  Fortunately for the aggrieved party, there are strategical ways to respond to this situation which can significantly strengthen the defense.   Full Story

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