Air Measurement v. Akin Gump is another reminder that there are alternative jurisdictional bases in Federal district court aside from diversity jurisdictino. Here, a legal malpractice case over representation in a patent law case allowed the matter to be brought in Federal District Court. Patent law resides exclusively [for all important aspects] in Federal
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 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.
Legal Malpractice Suit after a Release
Plaintiff wanted to sue his opponent’s attorneys. While the ability to sue your opponent’s attorney is very restricted, [see: lack of privity}, in certain circumstances it is possible. This case:
Blum v Perlstein
2008 NY Slip Op 00439
Decided on January 22, 2008
Appellate Division, Second Department
appears to stand for the proposition that…
Translation Legal Malpractice
Closely related to the prior article on immigration legal malpractice is this story of legal malpractice in translation. While the attorney was held responsible only for failing to follow a specific court order, his mistake arises from failing to have a translator there.
"Bilingual attorneys are often tempted to provide foreign language translation and even…
Immigration Legal Malpractice
Here from the Illinois Legal Malpractice Blog discussing an ABA Journal article about a 2d Circuit Case. Immigration legal malpractice is a frequent subject, with inherent problems for the plaintiff. First, the client may not be in the country, and discovery/depositions will be difficult; second, proving the value of damages can be difficult. The mistake…
Is Legal Malpractice Litigation simply about the Money?
Two starkly differing views come to light in this twisted matrimonial/legalmalpractice case. It all started with a matrimonial and custody case. From the NYLJ:
"The underlying case, a contentious divorce and custody proceeding between Ms. Callaghan and her now former-husband Gerard A. Callaghan, began in 2001. In that action, Ms. Callaghan claimed her…
The Electronic and Digital Age and Legal Malpractice
No one, and by that we mean the New York Attorney Malpractice Blog is accusing anyone of malpractice regarding this story. Sheila Birnbaum is a demi-god in litigation circles. However, e-mails can trip up anyone. Will a similar tale end in legal malpractice? Law blog reports:
"Yesterday, Skadden Arps products-liability superstar Sheila Birnbaum mistakenly sent to…
Legal Malpractice and Personal Injury Case Dismissed
Here is a textbook example of how courts view legal malpractice cases. Their view does not necessarily comport with the reality of litigation. In Katz v. Herzfeld & Rubin the court holds:
"In support of the motion to dismiss, the defendant submitted evidence establishing that the acts of malpractice alleged in the complaint, including…
Holding Escrow and Legal Malpractice
In this Case Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried
NEW YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots. These spots included…
Legal Malpractice Cases in the Second Circuit Courts
CELEBRITY CRUISES INC., and FANTASIA CRUISING INC., Plaintiffs, – against – ESSEF CORP., PAC-FAB, INC., and STRUCTURAL EUROPE N.V. (f/n/a SFC), Defendants.
96 Civ. 3135 (JCF)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2008 U.S. Dist. LEXIS 568
January 4, 2008, Decided
This is a cruise line injury action. “After passengers…
Cases This Week in Legal Malpractice
Fred W. Nelson, etc., respondent, v Stanley Kalathara, defendant, Claude Simpson, appellant. (Index No. 3167/07)
2006-09551
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
2008 NY Slip Op 1313
February 13, 2008, Decided
Here, plaintiff is the guardian of an incapacitated seller of real property, and defendants were the attorneys for purchaser.…