Smith v. Haden

Decision Date21 November 1995
Docket Number95-7033,Nos. 95-7014,s. 95-7014
Citation69 F.3d 606
PartiesLinda A. SMITH, Appellant/Cross-Appellee v. Mabel D. HADEN, Appellee/Cross-Appellant. District of Columbia Circuit
CourtU.S. Court of Appeals — District of Columbia Circuit

On Appeal from the United States District Court for the District of Columbia.

Before: EDWARDS, Chief Judge; HENDERSON and ROGERS, Circuit Judges.

JUDGMENT

This case was heard on the record from the United States District Court for the District of Columbia and on the briefs and arguments by counsel. Upon consideration thereof, it is

Ordered that the judgment from which this appeal has been taken be affirmed substantially for the reasons stated in the district court's memorandum opinion of December 23, 1994. See Smith v. Haden, 872 F.Supp. 1040 (D.D.C.1994). The cross-appeal is therefore moot.

The clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C.Cir.Rule 41(a)(1).

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7 cases
  • Kituskie v. Corbman
    • United States
    • Pennsylvania Supreme Court
    • August 7, 1998
    ...33 Cal.Rptr.2d 219 (1994), rev. denied,1994 Cal. LEXIS 6078 (Cal. Nov. 16.1994); Smith v. Haden, 868 F.Supp. 1 (D.D.C.1994), aff'd, 69 F.3d 606 (D.C.Cir.1995); Teodorescu v. Bushnell, Gage, Reizen & Byington, 201 Mich.App. 260, 506 N.W.2d 275 (1993), appeal denied, 445 Mich. 936, 521 N.W.2d......
  • Yeager v. Nat'l Pub. Radio
    • United States
    • U.S. District Court — District of Columbia
    • August 10, 2021
    ...of an attorneyclient relationship in order to sustain a legal malpractice suit under District of Columbia tort law), aff'd, 69 F.3d 606 (D.C. Cir. 1995). Accordingly, because there was never an relationship between plaintiff and defendants, “he cannot sustain a claim for legal malpractice u......
  • Clary v. Lite Machines Corp.
    • United States
    • Indiana Appellate Court
    • July 11, 2006
    ...the passage of time itself can affect collectibility of the underlying case. Smith v. Haden, 868 F.Supp. 1, 2 (D.C.1994), aff'd by 69 F.3d 606 (D.C.Cir.1995). We agree that it makes more sense to place the burden of proof upon the malpractice defendant to show that the judgment would not ha......
  • 3e Mobile, LLC v. Global Cellular, Inc.
    • United States
    • U.S. District Court — District of Columbia
    • March 19, 2019
    ...motion in a bench trial or for the Court to rule on such a motion." Smith v. Haden, 872 F. Supp. 1040, 1043 (D.D.C. 1994), aff'd, 69 F.3d 606 (D.C. Cir. 1995); see also 9B Arthur R. Miller, Federal Practice and Procedure § 2523 (3d ed.) ("The motions described in Federal Rule 50 are availab......
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