This is not strictly a legal malpractice case, yet there are allusions within the appellate decision.  This case is a warning to attorneys who attend Independent Medical Examinations (a sometimes oxymoron because they are rarely independent, and sometimes not so medical) that they cannot surreptitiously record the exam.  In this case, with the extraordinary interference…

In a breach of contract and professional malpractice, plaintiff entered into a private mediation with a non-party, which affected its claim against Defendant.  May defendant obtain the arbitration documents in order to defend himself?  Answer:  yes.

City of Newburgh, N.Y. v Hauser  2015 NY Slip Op 02442 [126 AD3d 926]  March 25, 2015  Appellate Division,…

“Strict liability” renders a defendant legally responsible for damage and losses regardless of culpability or intent, fault or negligence. In Tang v Marks  2015 NY Slip Op 08110  Decided on November 12, 2015  Appellate Division, First Department it rendered plaintiff unable to sue defendant for legal malpractice.

“Defendant Marks, an attorney, represented plaintiffs in an…

McPhillips v Bauman  2015 NY Slip Op 08218  Decided on November 12, 2015  Appellate Division, Third Department is the very rare case in which the State defends a legal malpractice case.  Here, a host of prison employees and the state were sued for the death of an incarcerated prisoner .  The physician’s conduct was unfavorably…

The scope of legal malpractice litigation is wide, and sometimes surprisingly deep.  Wachtell, Lipton, Rosen & Katz v CVR Energy, Inc.  2015 NY Slip Op 30270(U)  February 24, 2015
Supreme Court, New York County  Docket Number: 654343/2013  Judge: O. Peter Sherwood is a case that involves Carl Ichan, huge sums of money and a starkly…

When might the professional be responsible for mistakes, yet given a pass because of the client’s conduct?  It happens with some regularity in the accountant malpractice area.  Accountant makes a professional error, yet client is unable to sue because it has “dirty hands.”  One frequent fact pattern is a rogue insider who causes problems that…

Katzrin Fin. Group, LLC v Arcapex LLC  2015 NY Slip Op 31971(U)  October 22, 2015
Supreme Court, New York County  Docket Number: 651129/2014  Judge: Anil C. Singh presents the very troubling question of how did a sophisticated business entity, used to lending $1 Million on a handshake end up losing $5 Million in a loan…

A successful legal malpractice case is to regular litigation as billiards is to pool.  To the uninitiated, pool is a gave with 15 balls and a cue ball.  One uses the cue ball to propel the subject balls into pockets.  On ocassion, a combination shot is required.Carom or three-cushion billiards requires much more sophisticated play…