In this Albany County case, via the Third Department, Bixby v Somerville ;2009 NY Slip Op 03821
Decided on May 14, 2009 we see the unraveling of a marriage, and the eventual custody dispute, now played out in legal malpractice. Father fights with mother over sole custody, ending in a shared custody decision, later modified by
Legal Malpractice News
Choice of Law in Legal Malpractice Case
Here is a most unusual case. Legal Malpractice case in State Court follows personal injury case in Federal Court and the State Court Judge effectively second guesses the Federal Court judge in whether plaintiff was subject to North Carolina law or that of another state.
DiTondo v Meagher ;2009 NY Slip Op 29178 ;Decided on…
Sub-Prime Loans and Legal Malpractice
We have been following this story of the intersection of legal malractice and the sub-prime morrgage crisis. Today, Susan Beck in the New York Law Journal reports that Cadwalader Wickersham & Taft faces a continued legal malpractice case for their work in servicing and securing loans worth $1.8 billion. Cadwalader’s motion to dismiss was denied…
Summary Judgment in Broadway Legal Malpractice Case
Broadway and Barry Manilow…it seemed destined for success, but lack of investors doomed the production of Harmony. The case revolved around alleged wrong advice on the date of the second option payment, which plaintiff has argued could have been made with the correct date advice.
The option lapsed, an arbitration with Manilow and others…
A Pair of Cases: Are These Legal Malpractice?
This morning’s Law Journal revealed a pair of cases in which just about the same thing happened. Attorneys acted badly, and the client suffers. Clients depend on their attorneys, and can do just about nothing without the attorney acting as intermediary. Clients, too, suffer when their attorney is punished by the court.
In Pacheco v …
RCM Technologies and Buchanan Ingersoll Legal Malpractice Case
Henry Gottlieb at Law.Com reports this $10.6 million Legal Malpractice settlement between Buchanan Ingersoll and RCM Technologies over a stock registration agreement, today. Here is the news article:
" A lawyer and two Philadelphia firms have agreed to pay $10.6 million to settle a claim that they botched work on a New Jersey company’s stock transactions…
Real Estate Sales and Legal Malpractice
Real Estate sales and the plummeting economic scene have dominated the news cycles for months now. Legal Malpractice litigation often follows economic disturbances, and this case, Walker v. Berman, 2009 NY Slip Op 50887(U) ; Decided on May 4, 2009 ; Supreme Court, New York County ; Stallman, J. is an example. In this case…
Can This Happen in New York and is it Legal Malpractice
Questions of attorney billing, expenses and disbursements often surface in the guise of a legal malpractice defense. Did the attorneys over bill ? Did they over-charge for expenses? May a law firm use Lexis or WestLaw as a profit center? For example, if the law firm is paying a flat fee for legal research, may…
Huge Akin Gump Legal Malpractice Verdict
This case has been widely reported, and we covered it a month ago, too. Here, from the Blog of Legal Times we read about the $ 72 million legal malpractice verdict based upon patent law.
"Yesterday, a federal jury in San Antonio slapped Akin Gump Strauss Hauer & Feld with a $72.6 million judgment for…
Failure to Appeal and Judiciary Law 487 in Legal Malpractice
Two of the hardest causes of action to prove and prevail upon in legal malpractice are the "failure to appeal" claim and one under Judiciary Law 487. Failure to appeal claims are difficult because one must not only prove that the attorneys could have and failed to file an appeal, but one must also prove…