Here is an interesting article from Marian C. Rice, Esq., a source we’ve quoted before [11/15/05]. It discusses a recent NYS Court of Appeals case on privity: the right of a non-client to sue counsel in Legal Malpractice based upon the acts of the non-retained attorney.
Continue Reading Privity, Legal Malpractice and the NYS Court of Appeals

Tropp v. Lumer, 2004-11025 ,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 8972;
Plaintiff wins summary judgment motion on continuous representation by showing that defendant attorney was “watching over” the case he referred, and that he participated by at least preparing plaintiff for the EBT.

Merlin Biomed …

As reported in Verdict Search here are a list of nationwide “big defense wins” in Legal Malpractice.
Continue Reading “Big Defense Wins” in Legal Malpractice

DANIEL H. WILLIAMS, III, PLAINTIFF-RESPONDENT-APPELLANT, v DOUGLAS S. COPPOLA, MARK C. RODGERS, RODGERS & COPPOLA, LLP, DEFENDANTS-APPELLANTS-RESPONDENTS

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
2005 NY Slip Op 8379

Cause of action for Fraud dismissed: “It is well settled that a cause of action for fraud does not arise where the only fraud…

Here are new legal malpractice decisions from 11/1/05 – 11/8/05:

1. Selletti v. Liotti: Plaintiff’s motion for summary judgment fails, AD affirms. “Plaintiff failed to submit evidence sufficient to establish, as a matter of law, that his conduct in prosecuting the federal action did not contribute to the imposition of the monetary sanction.”

2. Linder…

A NJ resident who was working in Mass dies in a car accident. The Mass hospital had a giant lien. Through a long string of circumstances it ends up suing the NJ attorney representing the estate and the father. The NJ principal of legal malpractice law? “There is no dispute about the facts bearing on Goldberger’s breach of duty, consisting of his correspondence with Kent and his conduct in settling the workers’ compensation case without notice to Kent, the attorney for the Medical Providers. An attorney owes a duty of care to non-clients when the attorney knows, or should know, that the non-client will rely on the attorney’s representations and the non-client is not too remote from the attorney to be entitled to protection. Petrillo v. Bachenberg, 139 N.J. 472, 485 (1995).”
Continue Reading NJ and Mass Legal Malpractice Case

As reported in the Lincoln Nebraska Journal Star attorney David Domina has won a legal malpractice verdict of $1.6 million dollars. The case is reported here.
Continue Reading Big Nebraska Legal Malpractice Verdict

Here’s a case from the highest court in Indiana on legal malpractice and post-conviction proceedings. Godby v. Whitehead tells the story of an alleged failure to present claims, post-conviction. query: would this legal malpractice case have survived the conviction in New York?