This difficult and tragic medical malpractice – bankruptcy – legal malpractice case is worth studying. on the issues of bankruptcy stays and equitable estoppel,
Not once but twice plaintiff has been non-suited based upon the statute of limitations. The underlying claim is that she was subjected to unnecessary bi-lateral mastectomy.
Plaintiff’s medical malpractice case was started…
This is not a Federal law blog, and we will give only the highlights of the issue of Federal Question jurisdiction. There are several different ways in which one may qualify for jurisdiction in Federal District Court. One is diversity, and a second is Federal Question. This intersects with legal malpractice when a legal malpractice…
We reported this case months ago when Justice Marci Friedman in Supreme Court, New York County granted partial summary judgment and directed that Wilson Elser disgorge fees paid to it. Her theory was that Wilson Elser beached its fiduciary duty while it represented Ulico and at the same time assisting Legion Insurance Company in a…
Law.Com reports on a legal malpractice case involving Smith, Gambrell & Russell which may well turn on whether the plaintiff in the action is simply a trustee or a receiver of the plaintiff company. As one reads this scandal filled case, which includes the suicide of the plaintiff company’s former CEO,Kirk S. Wright,who was awaiting…
Legal Pad Blog Reports that the ConnectU people who successfully sued Facebook are in a dispute with Quinn Emanuel over fees. We wonder if anyone has considered the collateral estoppel effect of fee arbitrations on legal malpractice cases. The teaser from Legal Pad is:
"San Jose Federal Judge James Ware ruled that the settlement should…
Anthony Lin wrote yesterday in the NYLJ about the Shelly v. Bodian case, Index No. 602254/05, currently being litigated in Supreme Court, New York County.,
The case highlights some interesting principals of legal malpractice which warrant examination. We’ll take a further look at the motion to dismiss in this case, which was decided last year.
Is it…
Anthony Lin writes today in the NYLJ about the Shelly v. Bodian case, Index No. 602254/05, currently being litigated in Supreme Court, New York County, and discusses a recent decision of Justice Emily Jane Goodman. Justice Goodman has a fair number of legal malpractice cases on her docket.
Lin’s article highlights a well known meme in…
It’s often surprising, when reading a newly published case, at the wide difference between plaintiff’s take on the case, and the defense presented by his former attorneys. The attorneys, who just a short period earlier had been plaintiff’s paragons, now have a diametrically opposed viewpoint. Sometimes it may be justified. Here is a newly published…
This seems to be a new twist. It dovetails with our earlier discussions of new venues in legal malpractice, and cases being brought against lawyers by persons other than their clients. Here, former opponents sue the attorneys after bargaining with the bankrupt client and obtaining communications between bankrupt client and its attorney. Now:
"Eager to…
Legal Pad discusses the ABA ABA’s Standing Committee on Lawyers’ Professional Liability Report on Legal Malpractice in this report.
"Legal malpractice claims have gotten more expensive. We think.The claims that result in the highest of indemnity payments appear to be on an upward march, according to an ABA study unveiled this morning at the ABA’s…
