This is part 3 of a series based on the case of ASTON BAKER, -against- CHARLES SIMPSON, ESQ., WINDELS MARX LANE & MITTENDORF, LLP, STANLEY GALLANT, GALSTER CAPITAL LLC, GARLSTER MANAGEMENT CORP., ALLSTATE INSURANCE COMPANY, AND JP MORGAN CHASE BANK, N.A.,
Here the court discusses the "abstention" question, whether the court should permit state court…
We reviewed this case in part yesterday. Here is the balance of the case, ASTON BAKER, , -against- CHARLES SIMPSON, ESQ., WINDELS MARX LANE & MITTENDORF, LLP, STANLEY GALLANT, GALSTER CAPITAL LLC, GARLSTER MANAGEMENT CORP., ALLSTATE INSURANCE COMPANY, AND JP MORGAN CHASE BANK, N.A.,
Curiously, Footnote 3 seems to say that the entire case has…
When may plaintiff bring a state court action for legal malpractice and when may it be removed, as a "core" proceeding, to US Bankruptcy Court. It’s an involved question, and ASTON BAKER, -against- CHARLES SIMPSON, ESQ., WINDELS MARX LANE & MITTENDORF, LLP, STANLEY GALLANT, GALSTER CAPITAL LLC, GARLSTER MANAGEMENT CORP., ALLSTATE INSURANCE COMPANY, AND JP MORGAN …
As we have reported before, sometimes legal malpractice cases arise by action of the plaintiff, and sometimes they arise after the attorney sues for legal fees. Courts often take the later situation as a "reflexive" or "defensive" maneuver, and may not always believe that the client is genuinely prosecuting a legal malpractice case so much…
The New York Court of Appeals determined that a medical insurance provider has the right to intervene in a personal injury case to protect its right to subrogation and to assert "lien" on the proceeds of the case. In a well researched article, J. Michael Hayes writes:
"Recent developments have changed the way that…
For as long as there have been attorneys, it seems that there have been fee disputes. Fee disputes and legal malpractice counterclaims go together like, well you fill in the simile…love and marriage, horse and carriage…
Here is a case from Nassau which illustrates that question of whether defendant counterclaminant has the right to a…
Often, the only way plaintiff knows whether target attorney defendant has legal malpractice insurance is by the name of the attorneys who answer the complaint. If they are attorneys who normally are retaied by legal malpractice insurance carriers, then plaintiff knows there is insurance. If not, then there is trouble brewing. What happens if the…
This is a sordid story of a professor who was barred from teaching at a university. He was accused of making rather coarse sexual comments to students, many of them. While litigating over his potential dismissal, a letter was sent to one witness with a photocopy of the definition of perjury and a suggestion of
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Wisconsin legal malpractice insurers have published a breakdown of legal malpractice claims. Here, reported by Bonnie Shucha in the University of Wisconsin blog, are the most commonly sued for mistakes:
Calendaring – 23%
Failure to know or properly apply law – 14%
Planning error in choice of procedures – 13%
Inadequate discovery & investigation –
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There are conflicting rules in the 4 departments of New York. In legal malpractice, it is plaintiff’s obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. In the First Department, it is an affirmitive defense for defendant to prove.
Here is a…
