We’ve reported the earlier aspects of this case, but the Legal Malpractice case against Weil Gotshal arising over its Fendi and Prada representation and the conflict of interest when it represented a NJ boutique has started. Anthony Lin in the NYLJ Details.
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The Oldest Legal Malpractice Case in NY??
A 19 year old case, brought by a pro-se matrimonial litigant, is still pending against the fifth and last attorney who represented this divorcee.
Now, after 19 years, her motion to amend the pleadings has been denied. The case against Arnold B. Firestone, a matrimonial attorney, continues, albiet in its earlier pleaded form. Details.
Legal Malpractice Cases 4-7-06 to 5-8-06
1.Laduca v. Levidow, Levidow & Oberman, 2005-04771, (Index Nos. 42874/01, 75061/02, 75419/02) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 3545; Restoral to calendar permitted.
2.Rajasethupathy v. Gray, Feldman & Rosenbaum, LLP, 478, CA 05-01781 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2006 NY…
“Getting theirs” in Legal Malpractice
Here is a rather sour entry from Forbes. I’ve reprinted a portion of this subscription required article.
Continue Reading “Getting theirs” in Legal Malpractice
Removal of Legal Malpractice Case to Fed Ct
Removal of a case from state court to federal district court requires subject matter jurisdiction in Fed.Ct. That might be diversity jurisdiction, or federal question jurisdiction. Here is a blog article on a 7th Circuit case about removal and federal question. Details.
Transfer of Legal Malpractice Rights
Hinshaw & Culbertson LLP reports this case: Prior Attorney-Client Relationship Does Not Transfer in a Sale of Assets
Greene’s Pressure Treating & Rentals, Inc. v. Fulbright & Jaworski, L.L.P., 178 S.W.3d 40 (Tex. App. 2005)
The Texas Court of Appeals held that a company that had purchased the assets, but not the stock, of a…
Mohegan Sun, Racetracks, and Legal Malpractice
Mohegan Sun is involved in a legal malpractice case arising from a race track transaction. The legal malpractice case involves present judges who as attorneys were involved. Details.
Attorney Fee Litigation and Trial de Novo
Attorney fee litigation and legal malpractice are intertwined. An award of a legal fee implicitly determines that there was no malpractice, and can be used as a res judicata or collateral estoppel issue. Here is a case from the NYLJ on procedual aspects of a trial de novo after an attorney fee arbitration.…
Patent Law, Uncertainty and Legal Malpractice
Patent law is one of the few permitted “specialities”, and well beyond the ken of most practicing attorneys. Here is an interesting article on just how uncertain patent litigation is, and how it is related to legal malpractice.
Anna Nicole Smith and Legal Malpractice
Who would have thought that the US Supreme Court would have come up in a search of former playboy bunnies/topless dancers. Now, legal malpractice too comes up in the search. The Hoops and Other blog makes this argument: but for legal malpractice in bringing an action against Smith in Bankruptcy court, there would have been…