Associate is hired and assigned to a case. A mistake of malpractice proportions takes place, and the associate leaves to form his own firm. He takes the case with him, and is alleged to have made more mistakes of malpractice proportion. Is the Original law firm still responsible?"

in this case, yes. In Red Hook/Gowanus…

We’ve discussed whether courts disfavor law suits against attorneys in the past.  It sometimes appears that Courts are more willing to grant CPLR 3211 (a)(1) motions for attorneys than for the general run of cases.  While all agree that the "case within a case" presents unique barriers to litigation, one must remember the human factor…

Continuing our discussion of Decker v. Nagel Rice LLC, 09 Civ. 9878 from yesterday, we see the proposed plaintiff’s attorney, Mr. Lowy, being denied admission pro haec vice. One reason for the denial by judge Scheindlin was the Advocate-Witness Rule.  But that was  only one reason.

A second reason was the announcement that…

An Ski-Train fire killed 155 people in Kaprun, Austria and left twelve survivors. American and foreign survivors and relatives brought multiple lawsuits in federal court called "In re Ski Train Litigation").  That case went through some permutations, was certified as a class action, then partially de-certified and in the end, the foreign plaintiff cases were dismissed.  Why and…

When a tort is committed outside of New York and a non-resident sues within the State of New York, courts apply the borrowing statute, especially with regard to the statute of limitations.  As an example, Kat House Prods., LLC v Paul, Hastings, Janofsky & Walker, LLP ; 2010 NY Slip Op 02489 ; Decided on…

We often present cases here from the plaintiff’s point of view.  Here is a case by attorney v. insurance broker over the purchase of "nose" insurance [the opposite of tail insurance.  The attorney wanted to procure "a policy, covering all acts of malpractice prior to the effective date of the policy, irrespective of the date…

Plagiarism is the act of appropriating the intellectual property of others and passing the material off as one’s own creation [Webster, 2009] is a subject we thought was left behind in school.  Really, all one needs to do is use a pair of quotation marks and a few words which say that we were clever…

The decision in International Electron Devices (usa) LLC v Menter, Rudin & Trivelpiece, P.C.
2010 NY Slip Op 02343 ; Decided on March 19, 2010 ;Appellate Division, Fourth Department is not groundbreaking, but it is illustrious of what sometimes appears to be unwarranted deference to target attorneys on the question of the statute of limitations. …