From the NYLJ on 6/16/10 by Nate Raymond: "Dechert Loses Bid to Dismiss Suit Over Letter Used by Dreier." The case is Fortress Credit Corp. v. Dechert LLP, 603819/2009
"Dechert has lost a motion to dismiss Fortress Investment Group LLC’s $50 million lawsuit over the law firm’s issuance of an "utterly false legal opinion…
. Defendants sometimes say that a legal malpractice case is a grudge match, or a lawsuit based solely upon pique. Sometimes it is true, and the legal malpractice law suit serves as the last act of a badly ended attorney-client relationship.
Here in this case, we have a pro-se plaintiff pursuing a pro-se defendant, over…
Attorney represents X and then later represents X’s opponent in litigation. Aside from the fact that the opponent is X’s mother, when does such representation cause a conflict and legal malpractice? We see in Benaquista v Burke ;2010 NY Slip Op 04896 ;Decided on June 10, 2010
Appellate Division, Third Department that there is…
Attorney and law firm arrange a house sale from plaintiff to defendant in which the sale price is well below market, and plaintiff retains a life estate in the house. At closing, everything starts to go wrong. Seller is persuaded to take a mortgage, and the attorney agrees to file the mortgage as well as…
In an unusual procedural setting, a suspended attorney’s request for contingent legal fees in a medical malpractice action was denied by Justice Joan Carey, and then vacated by Justice Alice Schlesinger. in Warren v Del Principio 06/02/2010 Other Courts. Likely based upon her retiring last year, Justice Schlesinger took over her caseload, and likely took a…
Details, Details! Is this a Connecticut or a New York Case? Is there standing or not? Who has the right to sue the attorneys? in JP MORGAN CHASE BANK, N.A., -against- LAW OFFICE OF ROBERT JAY GUMENICK, P.C., ET AL.,08 Civ. 2154 (VM);UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2010…
Perhaps its the economic downturn, perhaps just a coincidence, but we have heard of three "imposter" closing scenarios recently. Here is one that stands out. In Layton v Layton 06/04/2010 Other Courts 2010 NYSlipOp 31381(U) wife and husband are divorcing, and the marital house is to go to the wife. A closing is scheduled, and…
We’re proud to announce that the New York Law Journal today published an article about Judiciary Law 487.entitled An Explosion of Developments in Judiciary Law 487
"Legal concepts change by evolution and revolution. Evolution is the most familiar process in legal scholarship. A principle or a statute is analyzed, then re-interpreted in the light of…
Justice March Friedman, of Supreme Court, New York County recently decided Tanger v Ferrer 2010 NYSlipOp 31355(U) in which the third-party claim between attorneys was that DLA Piper, US LLP owed a duty to Eaton & Van Winkle LLP after plaintiff sued Ferrer and Eaton for legal malpractice. The malpractice is alleged to be the negligent preparation of…
Is legal malpractice litigation held to a higher standard? Are there more motions to dismiss the complaint granted against legal malpractice complaints than against the rest of the law-o-sphere? We have no hard figures, but anecdotal evidence suggests that legal malpractice is held to a higher standard. As an example, how could Supreme Court and…
