Yes, they are, and Soja v Keystone Trozze, LLC 2013 NY Slip Op 03147 Decided on May 2, 2013 Appellate Division, Third Department is an example of their application. In this professional malpractice (architects/house designers) plaintiff alleges that they built the house in violation of FEMA / flood elevation principals.
"Here, plaintiffs allege…
ENGLAND and MIDWEST GEMS, INC., -against- . FELDMAN and FELDMAN LAW GROUP, Defendants.11 Civ. 1396 (CM) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; 2011 U.S. Dist. LEXIS 36382; , is as good a primer in the general and substantive laws of legal malpractice as one might read. There, Judge McMahon…
Standing in legal malpractice cases is determined by the question of privity. Privity comes in several flavors. One is whether there is a contract between client and attorney, written, oral, or implied. If there is a contract, (even if the contract is implied from the factual representation which takes place), then that particular question of…
This case is really a fight amongst insurance companies, but it highlights an interesting source of legal malpractice cases: the referral. While at first blush it might seem unreasonable for client to hold attorney responsible for merely giving a name to them to speak to, in American Guar. & Liab. Ins. Co. v Chicago Ins. …
Today’s New York Law Journal, in an article by Christine Simmons reports that a legal malpractice case against Willkie Farr & Gallagher has been dismissed.
"His complaint alleged that Willkie lawyers Marc Abrams and Matthew Feldman made "full-throated warnings" that Lichtenstein risked drastic personal exposure if he did not authorize a bankruptcy filing. Lichtenstein said…
One of the more interesting phenomena is the transition of claims into findings as a case goes to trial. What were formerly "strong" claims, now are final findings of fact. In Krausz v Kaufman 2013 NY Slip Op 30803(U) April 9, 2013 Sup Ct, New York County Docket Number: 104174/2008
Judge Debra A. James…
Is it possible to prove legal malpractice at a trial which goes to the jury? While an argument can be made that the attorney failed to call a particular witness, or failed to offer a particular piece of evidence, the countervailing argument will be that an attorney may choose among several different reasonable trial strategies…
As cases become problems, or as basic problems become more prominent in litigation cases, one offshoot is that litigants take it into their own hands to try to remedy the situation. Whylie v Pager 2013 NY Slip Op 50601(U) Decided on April 18, 2013 Supreme Court, Kings County
Schack, J. is just such a case. …
As the Appellate Division plows through the "what would have been the outcome" analysis of Ruotolo v Mussman & Northey 2013 NY Slip Op 02678 Decided on April 18, 2013
Appellate Division, First Department , we see the in depth factual and hypothetical work that’s done in a legal malpractice case. Here, a former…
Frequently, clients discern mistakes make in their cases, and wish to start a legal malpractice case. Unfortunately, departure from good practice is but one of the four elements of legal malpractice. The merit of most legal malpractice cases is determined by analysis of the middle two points. Was the mistake a proximate cause of damage…
