Plaintiff suffered an auto accident, and went to trial. Although the jury determined that the other driver was 100% at fault, it granted no damages to plaintiff. She sued her attorney , alleging that settlement offers were not comunicated to her.JUANITA GALATE, v. LOUIS A. CHIAROLANZA, ESQ., and CHIAROLANZA & DeANGELIS, ESQS
Her legal…
From the Indiana Law Blog comes this will drafting legal malpractice case, in which the drafting of a will caused adverse tax consequences. Plaintiffs sued, and attorney’s successfully moved for summary judgment, only to lose at the appellate level:
"The trial court denied the Lawyers’ motion as to one issue, but granted it as to…
Horulic v. Galloway started out as a garden or varietal auto accident case. It blossumed into a unique legal malpractice – bad faith- Unfair Claims Settlement Act case in which at least one significant lesson is learned. $ 500,000 is not sufficient coverage for attorneys who litigate personal injury matters.
Plaintiffs were injured in an…
Air Measurement v. Akin Gump is another reminder that there are alternative jurisdictional bases in Federal district court aside from diversity jurisdictino. Here, a legal malpractice case over representation in a patent law case allowed the matter to be brought in Federal District Court. Patent law resides exclusively [for all important aspects] in Federal…
Plaintiff wanted to sue his opponent’s attorneys. While the ability to sue your opponent’s attorney is very restricted, [see: lack of privity}, in certain circumstances it is possible. This case:
Blum v Perlstein
2008 NY Slip Op 00439
Decided on January 22, 2008
Appellate Division, Second Department
appears to stand for the proposition that…
Closely related to the prior article on immigration legal malpractice is this story of legal malpractice in translation. While the attorney was held responsible only for failing to follow a specific court order, his mistake arises from failing to have a translator there.
"Bilingual attorneys are often tempted to provide foreign language translation and even…
Here from the Illinois Legal Malpractice Blog discussing an ABA Journal article about a 2d Circuit Case. Immigration legal malpractice is a frequent subject, with inherent problems for the plaintiff. First, the client may not be in the country, and discovery/depositions will be difficult; second, proving the value of damages can be difficult. The mistake…
Two starkly differing views come to light in this twisted matrimonial/legalmalpractice case. It all started with a matrimonial and custody case. From the NYLJ:
"The underlying case, a contentious divorce and custody proceeding between Ms. Callaghan and her now former-husband Gerard A. Callaghan, began in 2001. In that action, Ms. Callaghan claimed her…
No one, and by that we mean the New York Attorney Malpractice Blog is accusing anyone of malpractice regarding this story. Sheila Birnbaum is a demi-god in litigation circles. However, e-mails can trip up anyone. Will a similar tale end in legal malpractice? Law blog reports:
"Yesterday, Skadden Arps products-liability superstar Sheila Birnbaum mistakenly sent to…
Here is a textbook example of how courts view legal malpractice cases. Their view does not necessarily comport with the reality of litigation. In Katz v. Herzfeld & Rubin the court holds:
"In support of the motion to dismiss, the defendant submitted evidence establishing that the acts of malpractice alleged in the complaint, including…
