Anthony Lin of the NYLJ today reports a recent decision of Justice Edmead of Supreme Court, New York County. It is either an appalling story of gender bias and all around smarmy behavior or some simple transcriptional errors. Was it "hon" or "hun." Calling the adversary Attilla the Hun [as the attorney claimed] might even
Blog Articles
Mistakes upon Mistake in NJ LEgal Malpractice Case
This case is instructive on several levels. First, it is one of a coming wave of lgal malpractice cases against defense attorneys in civil litigation. Second, it demonstrates the NJ "net opinion" rule, in which an expert must give more than a "personal opinion." The expert must give a standard of care, and must reference…
Recent Legal Malpractice Cases
1. Duffy-Duncan v. Berns & Castro,2007 NY Slip Op 9493, 1st Dept, 11/29/07
Summary judgment denied and affirmed. Attorney had failed to serve a notice of claim on a Transit Authority ice patch slip and fall. Summary judgment denied for failure to demonstrate that the TA had a lack of notice of defense or…
Article on Large and Small Firm Mistakes in Legal Malpractice
William Gwire, a San Francisco Attorney writes in Law.Com about some of his legal malpractice cases in this article.
"The landscape for litigating attorneys has changed dramatically over the 33 years that I’ve been in practice. Cases are more complex, stakes are higher, and competition is more intense. Judges and opposing counsel are less accommodating…
Worker’s Compensation Legal Malpractice Case
Here is a case from the Madison St.Claire Record, detailing a legal malpractice case arising from claims in a Worker’s Compensation matter. "Frank Krausz filed a legal malpractice suit against Ann Dalton and Hammond, Shinners, Turcotte, Larrew & Young in Madison County Circuit Court Nov. 27, alleging they botched his workers’ compensation claim.
According to…
International Firms and International Legal Malpractice Litigation
DLA Piper is Biglaw to the N th degree. Here is a story about this international law firm’s international legal malpractice case. "DLA Piper is facing a negligence claim from a property consultancy company relating to advice it gave to Northern Rock on fraudulent property transactions.
The claim, brought by property company Gerald Eve last…
Billboard vs. Litigation in Legal Malpractice
This law firm is the subject of a billboard advertising campaign.
"A former client of Damon & Morey LLP is publicly airing complaints about the law firm.
The charges can be found on a Web site, in e-mails, on a since-removed Niagara Falls Boulevard billboard and in flyers being passed out around town.
Daniel…
Minimum Showing in a California Legal Malpractice Case
In this California Case, the court discusses the minimum showing of economic loss necessary. "A dentist being sued for dental malpractice has alleged none of the economic losses usually associated with claims for the breach of an insurance contract, bad faith or legal malpractice, a California appeals panel held Nov. 19, finding that a…
Bench Trial Exception to Expert Testimony in Legal Malpractice?
Here is a report of a Texas case which raises a novel argument: In a bench trial is it necessary to present expert evidence of legal malpractice? The argument is that evidence of a deviation from good and accepted practice must be shown to a jury, whose knoweldge generaly is insufficient for them to decide…
Successful So Far in Legal Malpractice
It’s not possible to predict how an appellate court will decide summary judgment motions. All know the standard. Interpretation of the arguments varies from panel to panel.
Here is a recently decided legal malpractice summary judgment and appeal . Hamilton Duffy-Duncan, Plaintiff-Respondent, v Berns & Castro, et al., Defendants-Appellants.
2235, 27619/03 SUPREME COURT…