Attorney being sued in legal malpractice – not a big story.  Attorney settling and paying $ 25 Million in malicious prosecution ?  Big story.  Here is the enormous settlement story from Brian Baxter of the New York Law Journal..

"Ending 13 years of litigation, Manatt, Phelps & Phillips has agreed to pay $25 million in damages to Los Angeles businessman Stewart Resnick and his wife, Lynda, in a case that began over trademark and advertising claims related to the late Diana Spencer, Princess of Wales.

The Resnicks once owned The Franklin Mint, which produced a commemorative plate, purse and porcelain doll using the princess’ likeness after she was killed in a 1997 car crash in Paris. Manatt and IP partner Mark Lee, representing Diana’s estate and a memorial fund set up in her name, sued The Franklin Mint for trademark dilution and false advertising, claiming that their client’s likeness had been used without permission to market memorabilia.

Former U.S. District Judge Florence Marie Cooper of the Central District of California dismissed the case on summary judgment in 2000, calling it "groundless" and "unreasonable," while awarding The Franklin Mint and its attorneys $2.3 million in legal fees under a provision contained in the Lanham Act. The Franklin Mint then sued Manatt, Mr. Lee and Diana’s estate and memorial fund for malicious prosecution in 2002, claiming that the litigation was an attempt to hurt the company’s Diana-related sales.

The Franklin Mint, owned by the Resnicks through their Roll Global holding company, was particularly incensed about a passage in Manatt’s complaint comparing the company to "vultures feeding on the dead." The Franklin Mint’s lawyers at Loeb & Loeb, led by partner Andrew Clare, argued that such an allegation damaged their clients’ reputation. The Franklin Mint, based in Exton, Pa., was sold in 2006 to a group led by executives from The Morgan Mint.

Diana’s estate and charity trust fund settled The Franklin Mint’s claims against them in 2004 for $25 million, all of which the Resnicks said they donated to charity.

Manatt, however, continued the fight. After a 17-day trial two years ago, a Los Angeles Municipal Court judge granted the firm’s motion for dismissal of the suit, effectively ending the case in the firm’s favor.

That decision was overturned last May when California’s Second District Court of Appeal handed down a 3-2 ruling in which it held that Manatt and Mr. Lee did not have probable cause to file the initial claims against The Franklin Mint and the Resnicks. The ruling also revived the malicious prosecution case. Akin Gump Strauss Hauer & Feld partners L. Rachel Helyar and Rex Heinke represented The Franklin Mint on appeal.

Manatt hired Kathleen Sullivan of Quinn Emanuel Urquhart & Sullivan, who filed a 41-page cert petition in June asking the Supreme Court of California to review various legal issues in the case. Ms. Sullivan focused on a dissenting opinion of one appellate court judge who objected to Manatt being targeted for damages because it was on the losing side of a case for its client."
 

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.