Plaintiff, a corporation hires and relies on Defendant, and the advice given to outsource human resources and benefits to a third party which takes funds from plaintiff for payment of payroll taxes, then fails to pay the taxing authorities and (surprisingly?) becomes insolvent.
Aside from the plethora of contract issues, is there professional negligence (with…
No, not the Federal Aviation Administration, the Federal Arbitration Act. The NY Court of Appeals ruled this year that almost every arbitration comes under its umbrella. Cusimano v Schnurr
2015 NY Slip Op 09232 [26 NY3d 391] December 16, 2015 Lippman, Ch. J. Court of Appeals. Plaintiffs played a dangerous game. Did they win or…
The scene was charged with energy. A newly off-the-bench Federal District Judge was arguing in the First Department Appellate Division. The issue was a situation in which a client had sued the law firm for legal malpractice in US District Court and the law firm had started a declaratory judgment action in state court seeking…
You might call this bootstrapping; Plaintiffs called it proper discovery. Note that the claim was said to be late on earlier motions; now plaintiff gets to add claims for very old audits in this accounting malpractice action.
In Conway v Marcum & Kliegman LLP 2016 NY Slip Op 31933(U) October 11, 2016 Supreme Court, New…
A New York legal malpractice case on top of a legal malpractice case on top of bad representation in a criminal case in Florida and California for a capital murder prosecution in Federal Court fairly shouts of desperation. The fact that it was brought in New York rather than in California or Florida suggests the…
We read a lot of legal malpractice cases, and have heard a lot of legal malpractice dismissal motions, and some arguments are both common and predictable. Counsel will argue that the case is ridiculous, or angrily state that it completely lacks merit, or that it was started only to avoid paying legal fees. These arguments…
Magder v Lee 2015 NY Slip Op 32254(U) November 23, 2015 Supreme Court, New York County Docket Number: 653917/14 Judge: Saliann Scarpulla is the story of a complicated movie deal gone sour. Nestled within is a legal malpractice case. Watch how the Court simplifies the proceedings in the face of a legal malpractice claim.
“Plaintiff…
The basic question in legal pleading is what must be alleged in a successful case. In the professional malpractice field, one frequently encounters motions to dismiss on the pleadings (CPLR 3211). Leading Ins. Group Ins. Co., Ltd. v Friedman LLP 2016 NY Slip Op 30375(U) March 3, 2016 Supreme Court, New York County Docket Number:…
Plaintiff runs a business and leases from building owner. Building owner gives a right of first refusal to the tenant, and then proceeds to try to sell the building. Plaintiff may or may not have enough money to purchase, but in any event, it all goes wrong. Will the Attorney-Broker be successfully sued?
Dahari v …
Brion v Moreira 2016 NY Slip Op 31828(U) September 30, 2016 Supreme Court, New York County Docket Number: 155815/2014 Judge: David B. Cohen teaches the essentials of contribution and indemnity in a legal malpractice setting.
Plaintiff wanted to have the will of a relative revoked, and an earlier will reinstated. There was big money at…
