Supreme Court of New Jersey
Joseph M. Guido and Teresa Guido, Husband and Wife, Plaintiffs-Respondents v. Duane Morris LLP a Limited Liability…
June 8, 2010202 N.J. 79
Summary
The Supreme Court of New Jersey affirmed the Appellate Division, holding that a legal malpractice claim is not barred by a prior settlement when the plaintiff did not expressly affirm the settlement’s fairness, and that a plaintiff need not first seek to vacate the settlement before filing a malpractice action. The Court applied the Ziegelheim rule and limited the Puder exception, emphasizing that requiring vacatur would be wasteful and contrary to precedent.