It’s not exactly legal malpractice and its not New York, but the headline and back story of this $ 1.96 Million sanction to Paul, Weiss, Rifkind, Wharton & Garrison and Lowenstein Sandler shocks the eye. Celebrity sues celebrity over an oral agreement to make a bequest. This case ends in a finding of frivolity and
Legal Malpractice News
Patent Litigation and Breach of Fiduciary Duty
Patent Litigators held their breath all through the summer, as the Supreme Court considered whether a patent could be enforced in the Internet process area. Bilski v. Kapos was decided by terms end, but did not really put the issues to bed.
Apparently, while others were holding their breath, this plaintiff/client and her attorney were…
Contingent Fees and Legal Malpractice Discussed
Sanna v Polizzotto ;2010 NY Slip Op 51496(U) ;Decided on August 23, 2010 ;Supreme Court, Richmond County ;Minardo, J. discusses several interesting aspects of legal representation, contingent fees, what is unconscionable in contingencies, and legal malpractice.
Plaintiffs and their family were in a dispute over property. Attorneys were retained to represent one of…
Medical Malpractice Settlements and Legal Malpractice
In Brackman v Medical Liab. Mut. Ins. Co. ; 2010 NY Slip Op 51432(U); Supreme Court, Nassau County , Winslow, J. we see an unusual but doctrinaire situation in which a doctor sues his defense attorneys for settling a case in which he was sued. The decision lays bare the method by which medical malpractice…
When is Legal Malpractice Ripe?
Bankruptcy and legal malpractice have a special relationship. There are special rules, there are collateral estoppel dimensions to fee requests, and the mere filing of bankruptcy may end a plaintiff’s right to a cause of action. Here, in GREENSTREET FINANCIAL, L.P., against- GREENSTREET FINANCIAL, L.P., UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF…
Client’s Fiduciary Duty and Legal Malpractice
It being a Friday in the Summer, we bring you legal malpractice news from the Jersey Shore, by way of Law.Com. Legal malpractice issues arise wherever attorneys represent clients. Clients sometimes bear some portion of the blame when cases/transactions go sour. Here is a description of one, from Law.Com.
Charles Toutant writes: "Warning clients…
How Bankruptcy Proceedings Influence Legal Malpractice Cases
In Garnett v. Fox Horan & Camerini LLP the unusually but by no means novel situation arises where a "liquidating trustee" sues the debtor’s pre-petition attorney for acts that may have led to the Chapter 11 bankruptcy. Here, in a decision by Justice Jane Solomon, of Supreme Court, New York County
Boylan International, Inc. was an…
The Morris Eisen Saga Continues in the Fee Realm
Landau P.C. v. Goldstein is the latest chapter in the Morris Eisen saga. Once king of the Woolworth Building, Morris Eisen PC was perhaps the largest/most powerful plaintiff’s personal injury law firm in NYC. The firm had a full floor there, comprising half a city block. Mornings (6am) saw a gathering of trial attorneys having…
Legal Malpractice Case Continues against Paul, Hastings
Ableco Finance LLC v. Hilson, Ippolito and Paul, Hastings, Janofsky & Walker LLP; Supreme Court, New York County, [Justice Kornreich ]is a case we reported on last year. Now, Justice Kornreich has dismissed some parts of the case, and retained some other causes of action. "1This malpractice action arises from a 2008 transaction…
Legal Malpractice for Lack of an Appeal
We report mostly on New York cases, but on ocassion, our net is more widespread. Today, a story from Massachussets. Its a big number legal malpractice case in which no appeal was filed. From Law.Com and Sheri Qualters at The National Law
"Massachusetts’ high court has ruled that Jackson Lewis and Winokur Serkey & Rosenberg…