Defendants took a very aggressive approach to a legal malpractice case, and in a turnaround, the Court awarded summary judgment to plaintiff.  One wonders what would have happened if no motion was made in the first place.

Walker v Kramer   2014 NY Slip Op 33372(U)  December 22, 2014  Supreme Court, Suffolk  County  Docket Number: 5219/07 …

Legal malpractice law is quite protective of attorneys.  One institutional reason is that is is self-created and self-regulated by attorneys.  An example of the protection is the "privity" rule, which states that one may not sue an attorney for legal malpractice, with very limited exceptions, unless there is a contractual relationship between plaintiff and attorney.

Napoli Kaiser Bern is a well known class action law firm that is currently said to be breaking apart with melodramatic reports of sexual escapades, lack of fidelity and general ennui.  Whether the partners will make up, or part ways, they all face some problems in the Fen-Phen litigation, as many of the clients allege…

Plaintiff hires an attorney to handle a NJ accounting proceeding.  The case is dismissed on failure to engage in discovery.  The other side is granted costs and attorney fees if the case is brought once again.  Client hires attorney 2 to bring the action again.  Attorney 2 warns client of penalties which might accrue on…

Borges v Placeres  2014 NY Slip Op 08910  Decided on December 23, 2014  Appellate Division, First Department is a compendium of mistakes in a legal malpractice.  This case was tried in Civil Court, was appealed to the Appellate Term, and from there to the Appellate Division.  Plaintiff lost in all spheres. 

Mistakes:  Failure to raise…

Just as in Legal Malpractice, the principal of continuing representation tolls the three year statute of limitations in accounting malpractice.  The rules of burden shift from defendant to plaintiff are similar too.

Schwartz v Leaf, Salzman, Manganelli, Pfiel, & Tendler, LLP    2014 NY Slip Op 08823  Decided on December 17, 2014  Appellate Division, Second…

Litigation, and legal malpractice litigation in particular is subject a vast number of technical rules, any of which can upset an otherwise meritorious case.  Attorneys make mistakes in these technical rules, hence legal malpractice.  Pro-se litigants make even more mistakes.  Hyman v Schwartz  2014 NY Slip Op 33274(U)  December 17, 2014  Supreme Court, New…

In automobile accident cases, injured parties are due no-fault coverage and payments.  Insurance companies have the right to refuse to pay for medical treatment which is unrelated to the accident, and often refuse to pay.  Sometimes, the insurance company is correct,and sometimes it is incorrect.  The injured party’s remedy is a no-fault arbitration.  A no-fault…