What happens when plaintiff believes that defendant made a serious mistake, and some time has passed, but the underlying case has not yet concluded?  The statute of limitations and the requirement for "ascertainable damages" come in conflict.  Wait too long and the statute will have passed.  Start too early, and one sees a result similar…

Big corporate client goes to Big white shoe law firm and believes that the Big litigator there will take and handle the case. It does not happen. A lesser light handles the case, and the Big Corporate client is unhappy. Now what?

Matter of Matter of G.K. Las Vegas Ltd. Partnership v Boies Schiller & …

Client is sued for trade dress infringement.  "Trade Dress" are those non-functional aspects of an otherwise patented item.  Even after the patent runs out, "trade dress", or the appearance of a thing, remains protected.

Client had insurance that may have covered the law suit in which it was a defendant.  InUtica Cutlery Co. v …

Plaintiff sues law firm, which represented his former employer after he failed to get them to file a corrected opinion letter to facilitate removal of restrictive legends on his stock certificate. The mistake was in the opinion letter where the law firm mistakenly said it represented "Plaintiff" rather than the employer.

The Appellate Division affirms Judge…

Plaintiff is a 50% shareholder in a lucrative franchise operation, and at the end of a contract term both he and the entire franchise is faced with a difficult franchisor, which wants to upset the arrangement.  An attorney is hired, and not only does the eventual franchisor-franchisee litigation end badly, but the individual plaintiff is advised to…

Plaintiff unlocks the front door to his apartment building and it knocked unconscious as soon as he enters the lobby.  Three men run out with bats in hand.  Is there a case against the landlord?  In Angeles v Aronsky  2013 NY Slip Op 05955  Decided on September 24, 2013  Appellate Division, First Department we…

A recurring theme in defense-side publications in the legal malpractice field is the connection between attorney fee collection suits and subsequent legal malpractice counter-claims.  For us, its a chicken-egg issue.  Is the legal malpractice case a shameless effort to avoid payment, or did the non-payment arise because there was poor performance (read:  legal malpractice)?

We…

The decision is somewhat short on facts, but we guess that this case arose froma settled landlord-tenant case in which tenant then died. His estate sued his former attorneys, and the case continues. Frankel v Vernon & Ginsburg, LLP 2012 NY Slip Op 08425 Appellate Division, First Department tells us that the AD often scrutinizes the…