Anthony Lin in The New York Law Journal http://www.nylj.com reports that SDNY Judge Gerard Lynch has permitted a lawsuit by JPMorgan Credit and a syndicate of banks to proceed.
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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 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.
Liability in a $10 Million case
The New York law firm Fox Horan & Camirini http://www.foxhoran.com has been found liable for mishandling an arbitration in which $10 million was awarded against their client.
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Suing someone else’s attorney
In New York, the rule generally is that “privity” is necessary. That is, you may sue only your own attorney. There are exceptions, however.
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Who hired these guys?
Who’s responsible for the investigator’s bill, or the process server’s or the court reporter’s bill, client or client and attorney?
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Does settling bar malpractice action?
A question often arises in professional and attorney malpractice cases when the plaintiff has settled the underlying case, rather than just lost it. Can the plaintiff settle yet sue afterwards ?>
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Collateral Estoppel in Legal Malpractice
An attorney malpractice action arising from a real estate transaction has been dismissed, and plaintiff’s attorney sanctioned for frivolity
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Strategic Choice
The doctrine of Strategic choice is a high hurdle for the attorney malpractice plaintiff. Courts often determine that “mere differences of opinion concerning strategy do not rise to the level of discharge for cause” or in other words, malpractice.
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Michael Bolton litigation
Michael Bolton http://www.michaelbolton.com has sued Weil Gotshal & Manges http://www.weil.com over whether it was conflicted
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West Virginia Attorney Insurance
The West Virginia State Bar Association http://www.wvbar.org reports that it has passed a bylaw requiring all attorneys in W.Va to disclose whether they have professional liability insurance.
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Due dilligence and distant damages
Mama’s Food Shop wanted to expand its eatery to add a sidewalk cafe. It was not permitted by the Department of Buildings. They sued various parties, and their attorney, on the theory
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