"The $5 million malpractice case against star litigator Michele Roberts of Akin Gump Strauss Hauer & Feld will proceed to trial in D.C. Superior Court.
In a hearing that lasted more than three hours on March 7, Judge Jennifer Anderson weighed motions to dismiss, as well as a host of…
Legal malpractice insurance policies require, in general, that the insured notify the carrier of all incidents and claims, on penalty of forfeiting coverage. Here is an interesting article from Wiley Rein on this issue:
"The United States District Court for the Middle District of Florida, applying Florida law, has held that a letter that…
Pleading in legal malpractice can be tricky. Here is a recent New York case Shefa Unlimited, Inc., et al. respondents, v Amsterdam & Lewinter, 2006-10191 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 1937; March 4, 2008, Decided, which reports the unsuccessful attempt to add new allegations against a…
Plaintiff in Gersten v. Lemke, 110651/07 ,Decided: February 14, 2008 ,Justice Marylin G. Diamond ,NEW YORK COUNTY Supreme Court was indicted. He was convicted. He successfully had the indictment dismissed, after demonstrating ineffective assistance of counsel.
Start the legal malpractice case now? Yes, but there is little use for the Fed. District Court finding…
The general rule is that one may not sue an attorney, unless that attorney was working for you. Privity is the concept that the attorney was hired by you, and worked for you. You may not sue the other party’s attorney, no matter how badly you were treated in court by that attorney.
As in…
In this case, Tanger v Ferrer ,2008 NY Slip Op 01866 ,Decided on March 4, 2008 ,Appellate Division, First Department . the following mistakes led Supreme Court to grant summary judgment to plaintiff: "This Court found that the tenders were conditional and therefore did not act to stop the accrual of interest on the…
The case of Orchard Motorcycle Distributors v. Morrison Cohen shows just how easy it is to lose a motion for summary judgment, and not on the merits, either.
1. Plaintiff did not submit an expert’s affidavit in opposition to an expert’s affidavit. Fatal mistake.
2. Plaintiff did not deal with the collateral estoppel issue of…
The problem of the uninsured or underinsured defendanat-attorney is illustrated in this West Virginia Case., Horkulic v. Galloway.
Plaintiff settled th case for the full policy limit of TIG, and in a deal with the defendant attorney, took his putative bad faith claim, and agreed not to seek the attorney’s personal assets. Along…
The Magna v. Coburn case in which the bank is suing attorney Coburn over "steering" to a settlement structuring company which eventually swindled clients, took an unusual turn. Lead attorney Rex Carr was called away from counsel table to the witness stand.
"In an odd twist Magna’s lead lawyer, Rex Carr, was called to testify…
Familiar with SLAPP suits? Unfair Competition Law? Probably not, unless you are in California. Here is a blog entry from Kimberly Kralowec on a legal malpracice case in California which illustrates a California litigation tactic. There, the Upper Deck co. v. Orick Herrington case tells us how the SLAPP law works.
"A recent unpublished opinion…
