In March 2006, plaintiff reported to defendant CSI, Inc., its third-party claims administrator, that an employee had filed a discrimination claim against it. CSI allegedly failed to notify plaintiff’s insurer until February 2008, after plaintiff again brought its employee’s claim to CSI’s attention. In April 2008, plaintiff’s insurer denied coverage for the claim on the
Legal Malpractice News
Legal Malpractice IS Different From All Other Torts
Whether it is subconscious, whether it is intentional, or whether it is simply ingrained into the minds of attorneys, legal malpractice is handled differently from all other torts. Yesterday’s decision from the Court of Appeals highlights this difference.
Dombrowski v Bulson 2012 NY Slip Op 04203 Decided on May 31, 2012 Court of Appeals is…
Suing the Other Guys Attorney is Never Easy in Legal Malpractice
The "frozen out" minority loses a corporate cause of action – contract case, and believes that the attorneys for the majority colluded with the majority to freeze them out. They believe that the attorneys helped the majority to breach fiduciary duties. They felt that there was sufficient evidence to support a claim for legal malpractice…
Settlements and Legal Malpractice Litigation
How does a settlement affect the later legal malpractice claim against the attorney who represented plaintiff in the settlement? We have seen an erosion of the standard that a legal malpractice claim after settlement is permitted if plaintiff was ‘effectively compelled" to settle because of the departures of the attorney. In some divorce cases in…
Property Law Across the Seas
A French artist wants to buy an apartment in New York for a studio and living space. So far, this could be the start of a fairy tale in which the artist comes to NY, works hard, triumphs, etc. But, this real estate transaction soon turned to legal malpractice litigation. One reason for the problems…
Trusts, Estates and Legal Malpractice
Schneider v. Finmann, 15 NY3d 306 (2010) notwithstanding, Pace v Raisman & Assoc., Esqs., LLP 2012 NY Slip Op 03989 Decided on May 23, 2012 Appellate Division, Second Department
is yet another case in which alleged legal malpractice in a trust setting is dismissed on statute of limitations grounds.
"In 2001 the plaintiff’s decedent sought…
An Outside Counsel Column in the New York Law Journal
We are pleased to announce the publication of out Outside Counsel Column " Legal Malpractice in Matrimonial Litigation" from this week.
A Second Try Fares No Better in Legal Malpractice
Fortress Credit Corp. suedDechert LLP, and lost after Marc Dreier "proposed to plaintiffs that they participate in a short-term note program to finance the purchase of foreign real estate assets. The designated borrower would be Dreier’s clients, Solow Realty & Development Company, LLC, and affiliated companies controlled by real estate developer Sheldon Solow…
After Many Preliminaries, Pro-Se Defendants Avoids Summary Judgment
Nachama Hirsch is the pro-se defendant in this attorney fee-legal malpractice case. She was the wife in a divorce where the husband was able to take the couples assets into bankruptcy during the period between the grant of an order against him and the entry, and in doing so took millions away from the rightful…
Did A Legal Malpractice Case Kill Dewey & LeBoeuf?
Legal malpractice cases are ubiquitous an pop up everywhere attorneys handle problems for people. We’ve wondered how a firm like Dewey (and its predecessor LeBoeuf, Lamb) are handled at the highest levels, and how a firm such as Dewey implodes. Was it a big big legal malpractice case brought by the State of Missouri? Take…