Recently we told a mother that she had little likelihood of success in suing her son’s criminal defense attorney.  Questions of privity aside, the bar is extraordinarily high in trying to sue after a conviction.  Social policy and the Courts have set up a situation in which the lack of “actual innocence” acts as a…

Facebook is the Mount Everest of Intellectual Property litigation quests.  It’s just so big!  When the lawfirms in this case came across a potential client who just might own half of Facebook, all caution was forgotten.  Sure, the plaintiff resided in the poorest county in New York, where there are more cows then people.  Sure,…

In this version of Dr. v. Lawyer, it’s a knock-out to the lawyer.  Doctor  joins a medical practice and comes under scrutiny for his advocacy of “pranic healing.”  “Pranic Healing® is a highly evolved and tested system of energy medicine developed by GrandMaster Choa Kok Sui that utilizes prana to balance, harmonize and…

It’s been 7 years since Bernie Madoff was arrested, yet his craftwork still is filtering through the legal malpractice world.  In Delollis v Archer  2015 NY Slip Op 04084  Decided on May 13, 2015  Appellate Division, Second Department we see an unsuccessful claim by benefit funds of the carpenters’ unions against their attorneys, whom they…

Judiciary Law § 487 claims are unique, and arise from the oldest statute in Angol-American jurisprudence.  Often misused, the statute is infrequently applied or upheld against its target. Hersh v Weg  2015 NY Slip Op 30698(U)  April 27, 2015  Supreme Court, New York County  Docket Number: 104360/2011  Judge: Jeffrey K. Oing is a prime example.…

This Fourth Department Case has been up and down on appeal and now heads back to the trial court.  Rich Prods. Corp. v Kenyon & Kenyon, LLP  2015 NY Slip Op 04012  Decided on May 8, 2015  Appellate Division, Fourth Department  is the story of an invention by a huge multi-national food company (think Coffee-Rich).  …

Last week we discussed two 2d Department decisions on the issue of settlement and a subsequent legal malpractice case.  Today, a new decision from the Third Department.  Schrowang v Biscone   2015 NY Slip Op 03910   Decided on May 7, 2015  Appellate Division, Third Department brings up a familiar trope in matrimonial law.  Attorneys are…

At least in the Second Department, the principal that  a claim for legal malpractice is viable, despite settlement of the underlying action, if it is alleged that settlement of the action was effectively compelled by mistakes of counsel.  In the First Department, a line of cases has arisen which undercuts that principal.  The Second Department…