Law.Com reports this Philadelphia case. "In opening statements on Tuesday in Adlerstein v. Duane Morris, physicist Joseph K. Adlerstein’s attorney, Clifford E. Haines, said Duane Morris was responsible for his client only receiving $200,000 of a $1.8 million settlement with SpectruMedix, the company he founded. And that $200,000, he said, ultimately went toward rising legal bills from Duane Morris. Haines is the name partner with Clifford E. Haines & Associates. "
While the case is widely reported in Law.Com and other blogs, there are three standout items here which would have different results in NY:
1. The defaulting payor filed a bankruptcy action;
2. There is no discussion of "collectiblity" from the bankrupt;
3. Plaintiff has already been found liable for attorney fees to Duane Morris. There is no discussion of collateral estoppel based upon that finding.