John A. Day, in his Day on Torts reports on a Legal Malpractice case in which the attorney was defendant’s attorney in a ladder product liability case. The interesting point of his blog is that the focus of legal malpractice actions has veered away from simple blown statutes of limitation to questions of trial witnesses,

Successfully sued for defamation, plaintiff turns and sues not only its defamation defense counsel in legal malpractice, but also its insurance carrier in bad faith. Plaintiff wins a big verdict from the jury, but the court now grants judgment notwithstanding the verict, dismissing not only the bad faith claim, but also the legal malpractice action.

1. Fontaine v. Matthews, 7654-7654A , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2006 NY Slip Op 388; January 24, 2006, Decided,It appears that the underlying federal action was brought by plaintiff, a seaman, against the owner of his ship [**2] to recover for personal injuries sustained in an assault by