Hedlund Mfg. Co. v. Weiser, Stapler & Spivak, 539 A.2d 357 (Pa. 1988). · Go Syfert
Hedlund Mfg. Co. v. Weiser, Stapler & Spivak, 539 A.2d 357 (Pa. 1988). Cases Citing This Book View Copy Cite
240 citation events (98 in the last 25 years) across 44 distinct courts.
Strongest positive: Edens Technologies, LLC v. Kile Goekjian Reed & McManus, PLLC (dcd, 2009-12-22)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Edens Technologies, LLC v. Kile Goekjian Reed & McManus, PLLC
D.D.C. · 2009 · quote attribution · 1 verbatim quote · confidence high
we will not allow the concept of the attorney-client relationship to be used as a shield by an attorney to protect him or her from the consequences of legal malpractice. where the attorney has caused harm to his or her client, there is no relationship that remains to be protected…
examined Cited as authority (quoted) Cristina P. Anderson, V. Farmers Insurance Company Of Washington (2×)
Wash. Ct. App. · 2025 · quote attribution · 2 verbatim quotes · confidence low
here the attorney has caused harm to his or her client, there is no relationship that remains to be protected
examined Cited as authority (quoted) Kommavongsa v. Haskell (3×) also: Cited as authority (rule)
Wash. · 2003 · quote attribution · 2 verbatim quotes · confidence low
here the attorney has caused harm to his or her client, there is no relationship that remains to be protected
examined Cited as authority (quoted) Kommavongsa v. Haskell (3×) also: Cited as authority (rule)
Wash. · 2003 · quote attribution · 2 verbatim quotes · confidence low
here the attorney has caused harm to his or her client, there is no relationship that remains to be protected
discussed Cited as authority (rule) Acorn Investments, LLC v. Elsaesser
Idaho · 2025 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 539 A.2d 357, 359 (Pa.1988) (assignment of “all rights and causes of action” against attorneys relating to mishandling of patent application held valid because the court refused to “allow the concept of the attorney-client relationship to be used as a shield by an attorney to protect him or her from the consequences of legal malpractice”).
discussed Cited as authority (rule) In Re: Estate of P. Caruso, Apl of: Sandra Caruso
Pa. · 2024 · confidence medium
See id. at 40 (citing Gray v. Nationwide, 223 A.2d 8, 13 (Pa. 1966) (recognizing that, when an insured party assigns a claim against his insurance company for a bad faith failure to pay a personal injury judgment to the injured party, the injured party then “stands in the shoes of the insured” in pursuing that particular claim); Hedlund Manufacturing v. Weiser, Stapler and Spivak, 539 A.2d 357, 358 (Pa. 1988) (allowing a third party who was assigned client’s legal malpractice claim against an attorney to pursue the claim despite the absence of a contractual relationship by the third part…
cited Cited as authority (rule) R.C. Hvizdak v. A.G. Mastrangelo, Former Mayor, City of New Castle, PA
Pa. Commw. Ct. · 2024 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 539 A.2d 357, 358 (Pa. 1988).
cited Cited as authority (rule) THE 1228 INVESTMENT GROUP, LP. v. HUB GROUP, INC.
E.D. Pa. · 2022 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 539 A.2d 357, 358 (Pa. 1988).
discussed Cited as authority (rule) PADRM Gold Mine, LLC v. Perkumpulan Investor Crisis Center Dressel - WBG (2×)
Alaska · 2021 · confidence medium
Co. v. Weiser, Stapler & Spivak, 539 A.2d 357, 359 (Pa. 1988) (concluding that legal malpractice claims are pecuniary and therefore assignable).
cited Cited as authority (rule) Bolus v. Carnicella, Esquire
M.D. Penn. · 2021 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 539 A.2d 357, 359 (Pa. 1988); accord. “species of tort liability,”118 allow individuals to redress inherently personal harms to their constitutional rights.
discussed Cited as authority (rule) Feingold, A. v. McCormick & Priore (2×) also: Cited "see"
Pa. Super. Ct. · 2020 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 525- 26, 539 A.2d 357, 358-59 (1988) (internal citations omitted) (emphasis in original).
cited Cited as authority (rule) Jefferie Scott Gray, Janice Gray, an J.G., as Successors in Interest to James Lee Hohenshell v. Michael B. Oliver, Oliver Law Firm, P.C. and Oliver Gravett Law Firm, P.C.
Iowa · 2020 · confidence medium
Co. v. Weiser, Stapler & Spivak, 539 A.2d 357, 359 (Pa. 1988).
discussed Cited as authority (rule) Mericle v. Jackson National Life Insurance Co.
M.D. Penn. · 2016 · confidence medium
The “assignee [then] stands in the shoes of the assignor.” Crawford, 585 Pa. at 136-37 , 888 A.2d at 619 (citing Hedlund Manufacturing Company, Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 358 (1988)).
cited Cited as authority (rule) Allen Feingold v. Liberty Mutual Group
3rd Cir. · 2014 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988).
cited Cited as authority (rule) Villanueva v. First American Title Insurance
Ga. · 2013 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522, 526 ( 539 A2d 357 ) (1988).
discussed Cited as authority (rule) St. Luke's Magic Valley Regional Medical Center v. Luciani
Idaho · 2013 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988) (assignment of “all rights and causes of action” against attorneys relating to mishandling of patent application held valid because the court refused to “allow the concept of the attorney-client relationship to be used as a shield by an attorney to protect him or her from the consequences of legal malpractice”); Learning Curve Intern., Inc. v. Seyfarth Shaw, LLP, 392 Ill.App.3d 1068 , 331 Ill.Dec. 843 , 911 N.E.2d 1073 (2009); Thurston v. Cont’l Cas.
discussed Cited as authority (rule) RE: Order Certifying Question
Idaho · 2013 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 539 A.2d 357, 359 (Pa. 1988) (assignment of “all rights and causes of action” against attorneys relating to mishandling of patent application held valid because the court refused to “allow the concept of the attorney–client relationship to be used as a shield by an attorney to protect him or her from the consequences of legal malpractice”); Learning Curve Intern., Inc. v. Seyfarth Shaw, LLP, 911 N.E.2d 1073 (Ill.
cited Cited as authority (rule) Telerent Leasing Corp. v. Progressive Medical Imaging PLC
E.D. Mich. · 2013 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 358 (1988).
examined Cited as authority (rule) Frank v. Tewinkle (5×) also: Cited "see"
Pa. Super. Ct. · 2012 · confidence medium
Id. at 357-358.
cited Cited as authority (rule) Feingold v. Liberty Mutual Group
E.D. Pa. · 2012 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988).
discussed Cited as authority (rule) Edens Technologies LLC v. Kile Goekjian Reed and McManus Pllc
D.D.C. · 2009 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 539 A. 2d 357, 359 (Pa. 1988) (“We will not allow the concept of the attorney-client relationship to be used as a shield by an attorney to protect him or her from the consequences of legal malpractice.
cited Cited as authority (rule) Taylor v. Babin
La. Ct. App. · 2009 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522, 526 , 539 A.2d 357, 359 (1988).
cited Cited as authority (rule) Law Office of Stern v. Security Nat. Corp.
Fla. · 2007 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988).
cited Cited as authority (rule) Crawford Central School District v. Commonwealth
Pa. · 2005 · confidence medium
Hedlund Manufacturing Company, Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 358 (1988).
examined Cited as authority (rule) Taylor v. Wilson (4×) also: Cited "see"
Tex. App. · 2005 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988).
discussed Cited as authority (rule) Dennis H. Taylor and Shepherd, Smith & Bebel, P.C. v. Valerie Wilson (2×) also: Cited "see"
Tex. App. · 2005 · confidence medium
Co. v. Weiser, Stapler & Spivak , 539 A.2d 357, 359 (Pa. 1988).
cited Cited as authority (rule) General Security Insurance v. Jordan, Coyne & Savits, LLP
E.D. Va. · 2005 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988)).
cited Cited as authority (rule) St. Paul Fire & Marine Insurance v. Birch, Stewart, Kolasch & Birch, LLP
D. Mass. · 2002 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522, 526 , 539 A.2d 357, 359 (1988)).
discussed Cited as authority (rule) Mallios v. Baker (2×)
Tex. · 2000 · confidence medium
Co. of Am. v. Schoendorf & Sorgi, 202 Wis.2d 98 , 549 N.W.2d 429, 433 (1996). [41] See Richter, 940 F.Supp. at 357-58 ; Hedlund Mfg. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 358 (1988); Cerberus, 728 A.2d at 1059 . [42] See Federal Deposit Ins.
cited Cited as authority (rule) New Hampshire Insurance v. McCann
Mass. · 1999 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522, 526 (1988).
cited Cited as authority (rule) White v. Auto Club Inter-Insurance Exchange
Mo. Ct. App. · 1998 · confidence medium
Thurston v. Continental Casualty Company, 567 A.2d 922, 923 (Me.1989), and Hedlund Manufac-tuning Company, Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (Pa.1988).
cited Cited as authority (rule) MNC Credit Corp. v. Sickels
Va. · 1998 · confidence medium
Co. v. Weiser, Stapler & Spivak, 539 A.2d 357, 358-59 (Pa. 1988).
examined Cited as authority (rule) Vinson & Elkins v. Moran (3×)
Tex. App. · 1997 · confidence medium
Co., Inc. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988). 7 .
cited Cited as authority (rule) Vermont Mut. Ins. v. Sheehan . . .
D.N.H. · 1997 · confidence medium
Co. v. Weiser, Stapler & Spivak, 539 A.2d 357, 359 (Pa. 1988).
discussed Cited as authority (rule) Tanasse v. Snow
Utah Ct. App. · 1996 · confidence medium
Co., 517 F.Supp. 1305, 1307 (S.D.N.Y.1981); Thurston v. Continental Casualty Co., 567 A.2d 922, 923 (Me.1989); Collins v. Fitzwater, 277 Or. 401 , 560 P.2d 1074, 1078 (1977); Hedlund Mfg. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 358-59 (1988).
discussed Cited as authority (rule) Richter v. Analex Corp.
D.D.C. · 1996 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988) (claim could be assigned where a business bought another business and its patent and sued the predecessor’s attorney for failing to file the patent properly).
cited Cited as authority (rule) In Re J.E. Marion, Inc.
Bankr. S.D. Tex. · 1996 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988). 3 .
cited Cited as authority (rule) City of Garland v. Booth
Tex. App. · 1995 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988). 4 .
discussed Cited as authority (rule) Zuniga v. Groce, Locke & Hebdon (2×)
Tex. App. · 1994 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988).
cited Cited as authority (rule) Hyppolite ex rel. Hyppolite v. City of Boston
Mass. Super. Ct. · 1993 · confidence medium
Co., Inc. v. Weiser, Stapler and Spivak, 517 Pa. 522 , 539 A.2d 357, 359 (1988). 4.
cited Cited as authority (rule) Ellwanger v. Budsberg (In Re Ellwanger)
Bankr. W.D. Wash. · 1992 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522, 526 , 539 A.2d 357, 359 (1988).
cited Cited as authority (rule) Thurston v. Continental Casualty Co.
Me. · 1989 · confidence medium
Co. v. Weiser, Stapler & Spivak, 517 Pa. 522, 526 , 539 A.2d 357, 359 (1988).
examined Cited "see" DiMarco v. Lynch Homes-Chester County, Inc. (4×)
Pa. · 1990 · signal: see · confidence high
See Hedlund Manufacturing Co. v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357 (1988) (lack of privity does not bar assignment of claim for legal malpractice; where attorney causes harm to client, no attorney-client relationship remains to be protected, therefore relationship cannot be used as shield to protect attorney from consequences of legal malpractice.) The harm caused by a lawyer to a third party cannot possibly equal the harm that a physician can do to society at large by negligently failing to act to halt the spread of contagious and communicable diseases. .
discussed Cited "see, e.g." Gurski v. Rosenblum (2×)
Conn. Super. Ct. · 2003 · signal: see also · confidence low
Co., the court distinguished between an assignment of a “bare legal claim for malpractice and the assignment of a claim for malpractice which is part of a general assignment in a commercial setting and transaction that encompasses a panoply of other assigned rights, duties, and obligations.” Id., 1060; see also Hedlund v. Weiser, Stapler & Spivak, 517 Pa. 522 , 539 A.2d 357 (1988) (court approved of assignment of legal malpractice claim for failure to make timely filing of patent application when assignment occurred in connection with sale of client’s entire business).
Retrieving the full opinion text from the archive…
HEDLUND MANUFACTURING COMPANY, INC., Appellant,
v.
WEISER, STAPLER & SPIVAK and Karl L. Spivak, Appellees
48 E.D. Appeal Docket 1987.
Supreme Court of Pennsylvania.
Mar 29, 1988.
539 A.2d 357
David F. Binder, Philadelphia, for appellant., James A. Drobile, John E. McKeever, Philadelphia, for appellees.
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Stout.
Cited by 96 opinions  |  Published
1 passages pin-cited by 3 cases
Pinpoint authority: #23,902 of 633,719
Citer courts: Washington Supreme Court (4) · Court of Appeals of Washington (2)

Lead Opinion

OPINION OF THE COURT

LARSEN, Justice.

The issue presented for our consideration by this case is whether a cause of action for negligence and breach of contract with respect to the performance of legal services can be assigned.

In January 1978, Mervin Martin (Martin) engaged the services of appellee, Karl Spivak, to apply for a patent on a manure spreader which Martin had invented and manufactured. Appellee, a seasoned patent attorney, prepared the application in time to file it within one year of the date of[*524] first sale, as required by statute. 35 U.S.C.A. § 102(b).[1] The application was not filed, however, until August 1979, approximately two years after the date of first sale of the manure spreader.

Appellant, Hedlund Manufacturing Company, Inc., purchased Martin’s business in December 1980, including all the right to use and license the then pending patent on the manure spreader along with other patents, trademarks and patents pending owned by Martin. In February 1981, the U.S. Patent Office issued a notice of allowance of patent for the manure spreader — an indication that the patent would be issued upon payment of the required fee. 35 U.S.C.A. § 151. Subsequently, appellant discovered that the patent application had been filed late, and, as required by regulation, so notified the U.S. Patent Office. 37 C.F.R. § 1.56(a). In May 1981, Martin assigned the entire right, title and interest in and to the patent application for the manure spreader to appellant, and in July 1981, Martin assigned all rights and causes of action against appellees arising out of the mishandling of the patent application for the manure spreader to appellant. Appellant immediately filed a complaint in trespass and assumpsit, alleging negligence and breach of contract, in the Court of Common Pleas of Philadelphia County. In September 1981, the Commissioner of Patents and Trademarks disallowed the patent on the manure spreader.

Pursuant to Rule 1035 of the Pennsylvania Rules of Civil Procedure, appellees filed a motion for summary judgment on the ground that appellant lacked standing to bring this action against appellees. The trial court granted appellees’ motion for summary judgment and dismissed appellant’s complaint with prejudice, finding a lack of privity between appellees and appellant. Superior Court affirmed in a per[*525] curiam memorandum opinion. Citing Guy v. Liederbach, 501 Pa. 47, 459 A.2d 744 (1983), Superior Court determined that appellant lacked standing to sue appellees for alleged negligence and breach of contract. We granted appellant’s petition for allowance of appeal.

A trial court must grant a motion for summary judgment where “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Pa.R.Civ.P. Rule 1035. We find herein that appellees were not entitled to a judgment as a matter of law, and we hereby reverse.

In this Commonwealth, we have long permitted causes of action to be assigned.[2] See, e.g., Gray v. Nationwide Mutual Insurance Co., 422 Pa. 500, 223 A.2d 8 (1966); Coons v. Borough of McKees Rocks, 243 Pa. 340, 90 A. 141 (1914); Galey v. Mellon, 172 Pa. 443, 33 A. 560 (1896). Privity is not an issue in cases involving an assigned claim because the assignee stands in the shoes of the assignor and does not pursue the cause of action in the assignee’s own right. Gray, supra, 422 Pa. at 507, 223 A.2d at 9.

The first matter that a court must consider when ruling upon the viability of an assigned cause of action is whether the assignor has a cause of action against the defendant in the case. There is no question that the assignor in the instant action could have filed a complaint against appellees for alleged negligence and breach of contract in failing to timely file the patent application for his manure spreader.

Secondly, the court must determine whether the claim is for damages for personal injury. This inquiry is critical to the viability of the assigned cause of action in that we do not permit the assignment of a cause of action to recover for personal injuries. See, e.g., Sniderman v. Nerone, 336 Pa. 305, 9 A.2d 335, aff'g per curiam, 136 Pa.Super. 381, 7 A.2d 496 (1939); Sensenig v. Pennsylvania Railroad Co., 229 Pa. 168, 78 A. 91 (1910); Hurley v. [*526] Hurley, 342 Pa.Super. 156, 492 A.2d 439 (1985). The Court in Sensenig determined that such assignments are void, in part, because a personal injury involves rights which are personal to the individual injured and are considered to be of concern only to the individual injured.

By contrast, a claim for damages based upon legal malpractice does not involve personal injury in that it arises out of negligence and breach of contract, and the injury alleged concerns purely pecuniary interests. The rights involved are more akin to property rights which can be assigned prior to liquidation. Sensenig, supra.

The only matter which remains to be considered is whether public policy precludes a client from assigning a claim for negligence and breach of contract against his or her attorney. Some jurisdictions do not permit such assignments, as the courts seek to protect the relationship which exists between attorney and client. These courts also equate a legal malpractice action with torts involving personal injury or wrongs done to the person. See, e.g., Clement v. Prestwick, 114 Ill.App.3d 479, 70 Ill.Dec. 161, 448 N.E.2d 1039 (1983); Chaffee v. Smith, 98 Nev. 222, 645 P.2d 966 (1982); Goodley v. Wank & Wank, Inc., 62 Cal.App.3d 389, 133 Cal.Rptr. 83 (1976). Other jurisdictions do, however, permit the assignment of a claim for legal malpractice. See Oppel v. Empire Mutual Insurance Co., 517 F.Supp. 1305 (S.D.N. Y.1981); Collins v. Fitzwater, 277 Or. 401, 560 P.2d 1074 (1977).

We will not allow the concept of the attorney-client relationship to be used as a shield by an attorney to protect him or her from the consequences of legal malpractice. Where the attorney has caused harm to his or her client, there is no relationship that remains to be protected.

Accordingly, we reverse the order of Superior Court and we remand to the trial court for proceedings consistent with this opinion.

[*527] Flaherty, J., filed a dissenting opinion in which Nix, C.J., joined. STOUT, J., did not participate in the consideration or decision of this matter.
1

Section 102(b) provides:

A person shall be entitled to a patent unless—
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States ...
2

. Any cause of action that would, on the death of the assignor, survive to his or her legal representative, may be assigned. 20 Pa.C.S.A. § 3371, 42 Pa.C.S.A. § 8302.

Dissent

FLAHERTY, Justice,

dissenting.

I dissent. Causes of action for legal malpractice should not be regarded as assignable. The decision of the majority erodes the longstanding rule that personal actions are not subject to assignment. See generally Guy v. Liederbach, 501 Pa. 47, 459 A.2d 744 (1983). Important policy considerations weigh against permitting the transfer of malpractice claims. These policies were aptly addressed in Goodley v. Wank & Wank, Inc., 62 Cal.App.3d 389, 133 Cal.Rptr. 83 (1976), wherein the California Court of Appeals held that a cause of action for legal malpractice was not assignable:

The assignment of such claims could relegate the legal malpractice action to the market place and convert it to a commodity to be exploited and transferred to economic bidders who have never had a professional relationship with the attorney and to whom the attorney has never owed a legal duty, and who have never had any prior connection with the assignor or his rights. The commercial aspect of assignability of choses in action arising out of legal malpractice is rife with probabilities that could only debase the legal profession. The almost certain end result of merchandizing such causes of action is the lucrative business of factoring malpractice claims which would encourage unjustified lawsuits against members of the legal profession, generate an increase in legal malpractice litigation, promote champerty and force attorneys to defend themselves against strangers. The endless complications and litigious intricacies arising out of such commercial activities would place an undue burden on not only the legal profession but the already overburdened judicial system, restrict the availability of competent legal services, embarrass the attorney-client relationship and imperil the sanctity of the highly confidential[*528] and fiduciary relationship existing between attorney and client.

62 Cal.App.3d at 397, 133 Cal.Rptr. at 87. Based upon the foregoing considerations of public policy, it should be held that the instant malpractice action cannot be maintained by one whose only interest therein is as an assignee.

This Dissenting Opinion joined by Mr. Chief Justice NIX.