"The best defense is a strong offense"…"Tyranny shall not go unopposed!" which of these two opposing story lines will succeed in a legal fee / legal malpractice case. Here is one example where the fee side wins out. Duane Morris LLP v Astor Holdings Inc. , 2009 NY Slip Op 02544
Decided on April
Legal Malpractice News
Is This a Legal Malpractice Industry?
In a US District Court case, entitled Bloom v. Morley, 2010 U.S. Dist. LEXIS 104704 (EDNY, 2010) one attorney is suing a second attorney over fees and defamatnio. What was the underlying story?
"Plaintiff further contends that a "business relationship [existed] between Defendant and Lugli for purposes of multi-forum litigation * * *," whereby defendant and Lugli…
Legal Malpractice and “In pari delicto”
The Court of Appeals yesterday decided a case which limits potential liability, or more correctly put, continues a limit of potential liability of a corporation’s outside professional advisors, including attorneys. In Kirschner v Kpmg Llp ; 2010 NY Slip Op 07415 ; Decided on October 21, 2010
Court of Appeals ; Read, J. we see…
Relation Back Doctrine and Legal Malpractice
Attorneys frequently use LLPs or PCs as their corporate identity. Does this really make a difference in small or single attorney settings? The short answer is: "yes!" in Teodorescu v Resnick & Binder, P.C. ;2010 NY Slip Op 20400 ;Decided on September 28, 2010 ;Supreme Court, Kings County ;Kurtz, J. we see what…
Attorney Fees in Medical Malpractice, Loans to a Client and Disbarment
The litigation funding industry either preys on, or aids clients who have significant damage cases that they cannot bring to trial, or when the clients need money during long litigation. This story, while nominally that of a disbarred attorney, focuses a light on the lending practices of attorneys and clients.
There is a top tier…
A Motion for Summary Judgment in Legal Malpractice that Just Can’t be Decided
PROTOSTORM, LLC , -against- ANTONELLI, TERRY, STOUT & KRAUS, LLP, ., Defendants. 08-CV-931 (NGG) (JO) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK 2010 U.S. Dist. LEXIS 109466 [October 12, 2010, Decided] is the Court’s lament over a motion for summary judgment gone bad. Federal Courts have a Rule 56.1 which is supposed…
Legal Malpractice and Reading the Document
in Gelobter v Fox 10/01/2010 , Supreme Court, Nassau County, Judge Marber, we see a legal malpractice action sounding in "Seller Rescue Fraud." Plaintiff says that she did not know the price at which she sold her house, and that the actually selling price was several hundred thousand dollars less than she believed.
Her complaint…
Intermittent and Continuous Representation in Legal Malpractice
In Byron Chem. Co., Inc. v. Groman; 2009 NY Slip Op 03465 ; Decided on April 28, 2009 ; Appellate Division, Second Department plaintiff employer sued its attorneys for an employee benefit provision which was drafted by attorney firm 1, which was then taken over by attorney firm 2. At issue was whether the…
Summary Judgment and Its Responses
In Felt v. Van Alstyne we see an interesting real estate-legal malpractice case, one which is, unfortunately, no so uncommon. Plaintiff owns 51 acres of property in Greene County and wants to sell a portion, 6.1 acres. The balance of 45 acres or so, which is unimproved, is to be sub-divided and kept. Defendant attorney…
Yet Another Lake Front Property and Legal Malpractice
Keeping in mind the biblical aphorism that certain things come in threes, we report on a second lake front legal malpractice case. This one is ZAVALIDROGA, -v.- COTE, JOHN DOE, DORIS M. KELLEY, JAMES E. KELLEY, DAVID LAPLANTE, individually and officially as an Oneida County Sheriff’s deputy, GREGORY J. AMOROSO, individually and officially, TOWN …