The collapse of a hedge fund gives rise to a legal malpractice claim by various of the investors. The hedge fund impresario is convicted of securities fraud, and then turns around to help the investors sue the funds’ attorney.
In Eurycleia Partners, LP v Seward & Kissel, LLP ; 2009 NY Slip Op 04299…
Aside from the precatory "You’ve got to be crazy…",
" on occasion, true mental incompetence does collide with questions of legal malpractice, and in this case, criminal conviction. In ALLEN WOLFSON, -v- AVRAHAM MOSKOWITZ, 08 Civ. 8796 (DLC);UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK’; 2009 U.S. Dist. LEXIS 45822; May 29, 2009…
This recent Court of Appeals Case, Wyly v Milberg Weiss Bershad & Schulman, LLP
2009 NY Slip Op 03628 ; Decided on May 7, 2009 ; Court of Appeals discusses the rights of a client to "its" case file for use in a later proceeding…which is often a legal malpractice action. Wyley is the offshoot …
In Leone v Silver & Silver, LLP ; 2009 NY Slip Op 04204 ; Decided on May 26, 2009
Appellate Division, Second Department we see that merely settling a case does not deprive plaintiff of the right to sue the attorney, so long as the settlement was effectively compelled by the acts of the target…
Slip and fall cases are a major part of the personal injury oeuvre, and personal injury litigation remains a large part of the world of the bar. Accordingly the laws of personal injury, and specifically those relating to trips and falls are widely known and highly important. Mistakes and bad outcomes in personal injury litigation…
Some time ago the legislature passed a statute of limitations for legal malpractice, overruling the Court of Appeals which permitted both a 3 year and a 6 year statute. Of course, now there is but a single 3 year statute. At the same time, it was determined that no matter whether one calls the attorney’s…
Retainer agreements or letters of engagement are required in New York, and there is a large body of law concerning attorney fees and the necessity of retainer agreements. On a different dimension, the question of what work an attorney has agreed to perform, and the limits of that attorney’s liability may well be determined by…
One might not expect a legal malpractice case such as this to take place in Brooklyn. It would be far more plausible in a small upstate hamlet, where everyone knows everyone else, and there are strongly intersecting lines of business and social life. But, even here in the big city, attorneys are fiduciaries and must…
Legal Malpractice cases frequently involve a series of attorneys, each of whom comments or gives advice concerning the acts of a predecessor. When will these communications be protected and when will the protection be waived ? A simple answer would be that all communications are protected, forever. The wise commentator amongst us knows that some…
Taken verbatim from the New York Law Journal by Andrew Longstreth
"McDermott Will Settles Malpractice Claim
McDermott, Will & Emery has settled a malpractice claim brought by the litigation trustee in the bankruptcy of Saint Vincent’s Catholic Medical Centers of New York, according to court records. News of the settlement, which is filed under…
