Guido v. Duane Morris LLP

202 N.J. 79, 995 A.2d 844 (2010)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Guido v. Duane Morris LLP

New Jersey Supreme Court
202 N.J. 79, 995 A.2d 844 (2010)

Facts

Joseph Guido (plaintiff) was the majority shareholder and chairman of the board of directors of Allstates Worldcargo, Inc. (corporation). Duane Morris LLP (firm) (defendant) represented Guido in a lawsuit against the corporation and several of its officers and directors. Early in the litigation, James J. Ferelli, one of the firm’s partners, faxed Guido a letter that explained in detail the firm’s advice that Guido should not enter into any settlement agreement that compromised his ability to control the company or otherwise devalued his stock. Soon after the letter was faxed, the court ordered the parties to mediate, and Guido subsequently voluntarily dismissed his complaint without prejudice. Several months later, the firm represented Guido in a second lawsuit against the corporation for the same cause of action. In this lawsuit, Guido was advised by Frank Luchak (defendant) and Patricia Kane Williams (defendant), two of the firm’s attorneys. The second lawsuit was sent to mediation and resulted in a settlement agreement that included all the terms Ferelli had counseled Guido not to accept. After the terms of the agreement were entered into the trial-court record, Guido acknowledged to the court that he understood and consented to its terms. Guido subsequently sued Luchak, Williams, and the firm for malpractice. The trial court dismissed Guido’s claim, reasoning that prior to filing a malpractice claim, Guido should have requested that the court set aside the settlement agreement. However, the trial court later vacated its initial ruling that had dismissed Guido’s claim. The appellate division affirmed.

Rule of Law

Issue

Holding and Reasoning (Rivera-Soto, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership