Experts are often needed in litigation, and always in medical malpractice litigation. Med Mal cases are lost and it is sometimes thought that they are lost because of experts. Was the expert good enough? Did the expert "give" the departures?
In Healy v Finz & Finz, P.C. 2011 NY Slip Op 01616 Decided on…
Plaintiff hires defendant attorney to represent plaintiff when he is sued. The underlying case seems to be a construction accident matter. Did plaintiff lose the case because defendant failed to make certain arguments, or was defendant prevented from making those arguments by his client? We can’t really tell from the decision, but it seems that…
Truebright Co., Ltd. v Lester ; 2011 NY Slip Op 04235 ; ;Appellate Division, Second Department is yet another example of a lost legal malpractice case, but not based upon the innocence or non-departure of the attorney. In fact, just as in a recent case dismissed because the statute of limitations had passed on a…
Attorney fee disputes often blossom into legal malpractice cases, although Stephan B. Gleich & Assoc. v Gritsipis ; 2011 NY Slip Op 05483 ; Appellate Division, Second Department is not one of these. Nevertheless, it is one of the longest attorney fee disputes in memory. The case itself started in 1993 as the AD tells…
Anecdotally, we believe that Courts have an institutional bias against legal malpractice cases. That said, we are the first to admit that no catalogue of dismissed cases has been produced. Still…Macaluso v Del Col , 2012 NY Slip Op 03605 Decided on May 8, 2012 Appellate Division, Second Department is an example. Here, defendants…
Client trips and falls because of a defect in a parking lot. Client goes to attorney who fails to commence the case within the statute of limitations. Client sues attorney who comes up with very inventive defenses. What happens to the case on summary judgment?
in Duque v Perez 2012 NY Slip Op 03593 …
Experts are often needed in litigation, and always in medical malpractice litigation. Med Mal cases are lost and it is sometimes thought that they are lost because of experts. Was the expert good enough? Did the expert "give" the departures?
In Healy v Finz & Finz, P.C. 2011 NY Slip Op 01616 Appellate Division…
If the underlying transactions and relationships are confusing, try to figure out who did what in this legal malpractice case. Was Nahzi a borrower or a lender? Did anyone pay $ 90,000 for a $500,000 stake in a parking lot? Why is the accountant so angry? How come no one defended the motion to dismiss? …
In Aramarine Brokerage, Inc. v Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. 2012 NY Slip Op 03533 Decided on May 3, 2012 Appellate Division, First Department the question of whether appellate counsel’s failure to argue that the basis for his client’s loss in District Court was an impermissible argument raised only in reply…
Plaintiff is injured in a motor vehicle accident at an intersection with an inoperative traffic light. His attorney failed to commence the action within the statute of limitations. Legal malpractice case is started and proceeds through summary judgment. Supreme Court denies summary judgment to defendants who appeals.
