This is a convoluted case, which started as a products liability-fall from a ladder- case, morphed into a legal malpractice case, went to trial and was prematurely dismissed during plaintiff’s case, was reversed on appeal and now comes back on a preclusion motion. The problem in Burbige v Siben & Ferber   2012 NY Slip…

How far may an attorney go when dealing with a client before the line is crossed and  extreme emotional distress may be charged?  InBlumencranz v Botter  2012 NY Slip Op 32089(U)
July 27, 2012  Sup Ct, Nassau County  Docket Number: 15489/11  Judge: Joel K. Asarch  we see behavior that is "utterly failing in propriety…

Something went really wrong with the settlement in a case against A& T Healthcare, LLC by the New York Healthcare Facilities Worker’s Compensation Trust.  Settlement (and a release) were followed by several other cases, in which A & T had to pay significant money.  It sued its attorneys in the case of A & T Healthcare, LLC v Markstein    …

Attorneys can easily be substituted in and out of cases, and personal injury matters are no exception. When client goes from attorney 1 to attorney 2 to attorney 3 the outlook for the case may sometimes be good, and in this case bad. Client was involved in a car accident, and hired attorney 1 to…

We were recently asked whether an Expert, testifying in a legal malpractice case can commit legal malpractice during testimony in the case. We discussed whether there was an attorney-client relationship, and whether "absolute immunity" for in-court testimony applied. Now, Levine v Harriton & Furrer, LLP ; 2012 NY Slip Op 01401 ; Appellate Division, Third…

It’s well understood that Courts closely scrutinize the underlying cases when a legal malpractice matter comes up for a dismissal motion.  Jean-Baptiste v Law Firm of Kenneth B. Mock ;  2012 NY Slip Op 05913   Decided on August 8, 2012   Appellate Division, Second Department  is no exception.  The short decision states in cursory fashion: "…

Client sues attorneys for legal malpractice, and attorneys counterclaim against client for "contribution and indemnity." When may this properly go forward? What is "contribution" and what is "indemnity" ?

Contribution is the apportionment of fault among joint tortfeasors. Several contractors who each negligently damage a tenant might seek contribution among themselves.

Indemnity is the situation…

We have not read a case decision which serves as a mini-essay in a while.  What is spoliation of medical evidence and how is it remedied?  What should the attorney have done in the face of the need for elective surgery in a PI case?  Did the attorney handle the situation correctly?  All these questions are…