In the high flown world of patent infringement, large legal fees are the norm. Here, from law.Com we see the story of $ 10 million in legal fees, all spent in a fruitless effort to enforce a patent infringement case against Palm. In the end, plaintiff paid its attorney $ 7 million plus in fees
Legal Malpractice News
“Helping the Competition” Legal Malpractice Dismissal Motion
We reported on this case last week; it’s an example of big law legal malpractice. The general view of legal malpractice limits its reach to small cases involving personal injury and blown statutes of limitation. However, cases such as this one are huge.
From Law.Com and the Blog of Legal Times: "A team of…
Judgment In Huge Punitiive Damage Legal Malpractice Case
The principal that attorneys may not be held in legal malpractice over questions of judgment, strategies at trial and the like is given especial prominence in this case. Client is found liable for $ 7 Million in patent infringement and $20 million in punitives, for "especially reprehensible " behavior. On appeal, attorneys succeed in reducing…
Stalking, Custody, Arrest and Legal Malpractice
It’s the rare case in which attorney and judge are both defendants, and the rarer case still in which allegations of stalking, habeas corpus, child custody, contempt are joined with legal malpractice. What makes this case even more unique is that it is set in Federal District Court. This is a legal malpractice trifecta. Legal…
After Termination, Who Keeps the Records and Who Pays
Legal Malpractice actions often start with the termination of the target attorney, and even more of them have the common aspect of take-overs by successor attorneys. What happens to the file, how does it get transferred and who pays for the transfer?
This weeks decision in Moore v. Ackerman, Supreme Court, Kings County is…
Bankruptcy Fee Awards and Legal Malpractice
We’ve written in the past on the collateral estoppel trap in legal malpractice. While fee arbitrations in State Court proceedings probably have the greatest absolute number of applications, bankruptcy court fee awards may well cover a greater dollar figure. Here, in In re D. A. ELIA CONSTRUCTION CORP., Debtor. 07-CV-754,08-CV-103 UNITED STATES DISTRICT COURT FOR THE…
Legal Malpractice in the Real and Cinematic Worlds
Burt Pugach and Linda Riss are a staple of the blogosphere and the Page Six world. He was a lawyer who was convicted in 1959 for blinding Linda Riss by use of lye, went to jail ,came out of jail to marry her ,and then was disbarred. He was determined to have practiced law through…
Legal Malpractice in One of Its Many Guises
Our meme on this blog is that Legal Malpractice litigation is ubiquitous and omnipresent. All right, what exactly does that mean? It’s not just blown statutes in personal injury, and it’s not just unanswered questions in matrimonial suits, and it’s not even just bankruptcy trustees and ponzi schemes. It’s the basis commercial transactional world too. …
The NJ Fee Rule in Legal Malpractice
In the law, "attorney’s fees are awarded…" carry awesome power. Traditionally, the American rule is that each side bears its own attorney fees unless there is an agreement or a statute which grants attorney fees to the prevailing party. Attorney fees are awarded in L & T litigation, based upon the usual rental lease; in discrimination cases by…
A Most Tangled Web of Legal Malpractice and Real Estate
Plaintiff owns property, plaintiff borrows money on property, plaintiff and lender reach a complicated right of first refusal agreement, lender and plaintiff enter into new lending agreements for different businesses, and then it all falls apart. The transactions end in mutual law suits in Nassau and Suffolk and a legal malpractice and Judiciary Law 487 case…