Just trying to read through Judge Cote’s decision in Trepel v. Dippold, published in today’s NYJL reminds me of law school. Here’s what I get out of it. Trepel is suing the law firm because he thinks they helped one Diop to get paintings out of the district before Trepel could execute upon them
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Cigarettes, Asbestos, Sullivan & Cromwell and Legal Malpractice?
Matthew Hirsche of the NYLJ writes about the interconnection of a missing $500 million dollars, Flintkote Co., Imperial Tobacco Co of Canada, and the eventual collapse of the asbestos company. Plaintiff’s attorneys are now trying to determine whether Sullivan & Cromwell helped in diverting $500 million away from potential tobacco and asbestos plaintiffs. Details…
Legal Malpractice cases fails, so he steals Diamonds
Legal malpractice cases often feel like the last resort. The original case has failed, and the legal malpractice case is plaintiff’s last resort. This, however, is ridiculous. Details.
Aruba. Miami and Legal Malpractice
Lest we forget that places like Aruba are not simply dream vacation spots, real estate there is as valuable and important as anywhere else. Here is a story about a $15 Million loss in a real estate transaction and the legal malpractice action which follows. Podhurst Orseck is the defendant. Details.
NJ Requires Affidavits of Merit in Legal Malpractice Cases
Here is an interesting article from the NYLJ by Nelson Canter, which discusses the NJ requirement of an affidavit of merits which must be filed in all malpractice cases, including medical and legal.
Failure to file is similar to the rule for medical malpractice cases in New York including having a saving mechanism Details.
September 11 and Legal Malpractice
As time goes by, September 11 memories fade, even for those who were looking out their office windows at the first and second planes, as they screamed past. Here is a story, in subscription form, from Lexis about a legal malpractice action unsuccessfully brought by a person who was convicted of fraud in an insurance claim made for the World Trade destruction. Here is a partial reprint.
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Kentucky, Streategic Judgment and Legal Malpractice
Here is another informative article from Hinshaw & Culbertson on the legal judgment rule, and its application in Kentucky. Unlike New York and many other states, there is no “blanket” immunity for bad strategic choices by attorneys. Article.
Fiduciary Duty Might lead to Legal Malpractice
Hayes Legal Malpractice Case Dismissed
Anthony Lin of the NYLJ reports that attorney Edward Hayes, just off the murder trial of the Mafia Cops with Bruce Cutler, and formerly attorney to the Andy Warhol Estate, was accused of sleeping through depositions in the Robert Flutie commercial litigation case.
Yesterday, the case was dismissed on summary judgment by Judge Batts of…
Violation of Ethics Code and Legal Malpractice In New York
Kevin Schlosser of Meyer Suozzi, English & Klein writes today in the New York Law Journal on the relationship between violations of the ethics code and legal malpractice.
The relationship is not as simple as it might logically seem. violation of the ethics code is not, in itself sufficient to prove malpractice, and may not even lead to forfeiture of fees. Details.
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