Piscitelli v. Friedenberg (2001) 87 Cal.App.4th 953

Plaintiff Michael Piscitelli hired attorney Robert Friedenberg to sue Prudential Securities over allegedly fraudulent investment deals. In a subsequent suit against Friedenberg, Piscitelli claimed he lost his opportunity to seek recovery of compensatory and punitive damages from Prudential due to Friedenberg's alleged attorney malpractice. Piscitelli succeeded in transforming the trial of his malpractice claim into a referendum on the conduct of Prudential. In a misguided effort to send a message to Prudential, the jury awarded over $220 million in punitive damages against Friedenberg.

Horvitz & Levy LLP prosecuted the appeal on behalf of Friedenberg. We persuaded the Court of Appeal (Fourth District, Division One) to reverse the judgment and hold in a published opinion that, as a matter of law, "lost punitive damages" are not recoverable against a negligent attorney in a legal malpractice action. The court also ruled that the trial court abused its discretion in allowing experts to testify as to the probable result of the underlying arbitration. The appellate court granted Friedenberg a new trial on liability and damages.

Home | Firm Directory | About H & L | Practice Areas | H & L News
Seminars | Publications | Recruiting | Directions | Links | Site Map