Continuing our review of JL 487 cases from 2016 we come across the ironic gem of a JL 487 case which ends in plaintiff’s attorney being sanctioned for bringing a case which (in essence) seeks a sanction for deceit.
Lawrence Ripak Co., Inc. v Gdanski 2016 NY Slip Op 06805 [143 AD3d 862] October 19,…
Hindsight reasoning, roundly disliked by the judiciary is at the heart of legal malpractice. Legal malpractice always comes down to a backwards comparison of the hypothetical better outcome v. the actual outcome. This is the essence of the “but for” question. Would there have been a better economic outcome “but for” the mistakes (or acts)…
Just as in the N.Y. Workers’ Compensation Board v. Wang case, so Accredited Aides Plus, Inc. v Program Risk Mgt., Inc. 2017 NY Slip Op 00058 Decided on January 5, 2017 Appellate Division, Third Department Garry, J.P., J. deals with groups that have failed to make sure that their Workers’ Compensation programs actually follow generally…
Brookwood Cos., Inc. v Alston & Bird LLP 2017 NY Slip Op 00535 Decided on January 26, 2017 Appellate Division, First Department teaches us a number of lessons. Contracting for the government can be big business, and can lead to expensive litigation. Reliance on specific US statutes can resolve a case, but over-reliance may be…
We continue the year 2016 survey of Judiciary Law § 487 cases. Be sure to see Prof. Anita Bernstein’s article in today’s NYLJ on vicarious liability and JL § 487.
18. TSR Group, LLC v Levitin 2016 NY Slip Op 31322(U) July 13, 2016 Supreme Court, New York County Docket Number: 651356/2015 Judge: Eileen A.…
Our survey of all the 2016 Judiciary Law cases continues with:
15. M.T. Packaging, Inc. v Fung Kai Hoo 2016 NY Slip Op 31189(U) June 23, 2016
Supreme Court, New York County Docket Number: 652579/2014 Judge: Cynthia S. Kern A contract case concerning bags and packaging sales was based on a claim that the bags…
State of N.Y. Workers’ Compensation Bd. v Wang 2017 NY Slip Op 00057 Decided on January 5, 2017 Appellate Division, Third Department Egan Jr., J., is the story of a trust gone bad. “The Health Care Providers Self-Insurance Trust, a group self-insured trust, was formed in 1992 to provide mandated workers’ compensation coverage to employees…
We started the discussion of attorney-client privilege on Friday. In this case, plaintiff loaned money to corporation, and eventually, the corporation stops paying it back. From there, the UCC-1, Security Agreements and Transfers are simply too complicated for a blog entry such as this. Suffice it to say, there are multiple law firms, making multiple…
Clients loan money to corporation, and eventually, the corporation stops paying it back. From there, the UCC-1, Security Agreements and Transfers are simply too complicated for a blog entry such as this. Suffice it to say, there are multiple law firms, making multiple claims against the parties and eachother, and a huge question of attorney-client…
The danger and beauty of contingent fee arrangements is that this method of risk allocation recognizes that while the attorney may make a large sum of money, there is the attendant risk that there will be no fee at all. For the client, as has been well-recognized over the years, this arrangement allows for representation…
