LEGAL MALPRACTICE CASES IN
FEDERAL COURT THIS MONTH
1. WESTPORT INSURANCE CORP. v. GOLDBERGER & DUBLIN, P.C.
United States Court of Appeals for the Second Circuit 2007 US App Lexis 27612
Law firm was sued by former clients, and insurance company disclaimed coverage because law firm did not give reasonable notice of potential suit. Law firm defended by arguing that it had no basis to expect a suit by its client, who had assured them that she did not intend to sue. She, however, did. Court noted that no court in New York “has addressed the question” of the objective inquiry into a client’s assurances “in deciding what an attorney in the insured’s position could reasonably have foreseen.”
2. SMARTIX INTERNATIONAL LLC v. GARRUBBO, ROMANKOW & CAPESE PC, United States District Court for the Southern District of New York, 2007 US Dist Lexis 85807
Discussion of post-end of discovery subpoenas, as well as whether non-party subpoenas are permissible in what might be called a fishing expedition. These personal records are “not relevant to the claim or defense of any party.”
3. KING v. FOX
United States District Court for the Southern District of New York, 2007 US Dist Lexis 85396
This case has “occupied this court, the magistrate judge, the Court of Appeals on two occasions and the New York Court of Appeals over the past ten years. Presently at issue is Fox’s motion to strike King’s demand for a jury trial.”
Judge Sweet discusses the equitable/law nature of the legal malpractice claims, and gives a short historical tour of the right to a jury trial.”
4. BRITESTARR HOMES INC. v. PIPER RUDNICK LLP
United States Court of Appeals for the Second Circuit 2007 US App Lexis 27935
Piper Rudnick wins motion for summary judgment, finding that client “failed to establish the required proof of damages for any of its claims.” “In particular, as to the difference between the value of the client’s property in bankruptcy and outside of bankruptcy, the client failed to show that any damage to the property was” the result of the bankruptcy proceeding.