Here is a case which turns on whether the plaintiff’s claims against his attorney would be pre-empted by federal ERISA law. The attorney was retained to bring an action against insurers, and failed. Now, when the attorney is sued, he claims that the entire case, including that against him, is precluded and preempted by ERISA.…

Even though the underlying action was dismissed because the defendant attorney failed to provide discovery, even after several chances, this legal malpractice case was dismissed. Reading this case provides a good look at how hard legal malpractice cases can be. Since plaintiff has to prove the “case within a case” one needs a virtual trifecta:…

Here is an interesting take on the recent 1742pp.[wow]Tobacco decision by Judge Gladys Kessler. Note the reaction of a seasoned legal malpractice practitioner: “”Any time you see such a strongly worded opinion, that tends to capture the attention of the plaintiffs bar,” says Kevin Rosen, head of the legal malpractice group at Gibson, Dunn &…

Today’s NYLJ reports that Judge G.B.Smith, who is reaching mandatory retirement age, and ending his present term will not be reappointed. There are a plethora of given reasons, but the most likely seems to be that if he were reappointed, then Pataki’s successor would have an immediate new judgeship. Here is a legal malpractice opinion by G.B. Smith on legal malpractice and res judicata. “97 N.Y.2d 295, *; 766 N.E.2d 914, **;
740 N.Y.S.2d 252, ***; 2001 N.Y. LEXIS 3814

Frederick F. Buechel et al., Individually and as Trustees of Trusts Entitled Biomedical Engineering Trust, Respondents, v. John N. Bain et al., Appellants, et al., Defendants.

No. 134

COURT OF APPEALS OF NEW YORK

97 N.Y.2d 295; 766 N.E.2d 914; 740 N.Y.S.2d 252; 2001 N.Y. LEXIS 3814

October 16, 2001, Argued

December 20, 2001, Decided

SUBSEQUENT HISTORY: Writ of certiorari denied: Bain v. Buechel, 2002 U.S. LEXIS 3857 (U.S. 2002).

PRIOR HISTORY: Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered September 28, 2000, which affirmed (1) an order of the Supreme Court (Richard Lowe, III, J.), entered in New York County, denying motions by defendants John N. Bain and John Gilfillan, III, to dismiss plaintiffs’ amended complaint, and (2) an order of that Supreme Court (Richard Lowe, III, J.), entered in New York County, granting a motion by plaintiffs for partial summary judgment on their first three causes of action, rescinding and terminating those defendants’ interests in a certain trust, declaring fee agreements between plaintiffs and those defendants unenforceable and rescinding them ab initio, ordering those defendants to return compensation received from the trust or its predecessors, referring the issue of what fees are owing to those defendants to a special referee, and denying, in part, a cross motion by those defendants for partial summary judgment. The following question was certified by the Appellate Division: “Were the orders of the Supreme Court, as affirmed by this Court, properly made?”
Continue Reading Judge G.B.Smith and Legal Malpractice

Here is a relatively straight forward account of a legal malpractice failure to search a sale property for liens. In this case it was a worker’s compensation lien. The article does not explain. Was the prior owner responsible for a worker’s compensation payment based upon an injury at the propety? Details.

This blog blurb concerns the confluence of newspapers, sealing of cases, legal malpractice, judges and the sunny Pacific islands. Legal malpractice case brought against attorney and his firm. Attorney becomes a judge after suit brought and settled. Case sealed. Newspaper wants info. Chaos. Details.

Justice Schack, holding that, pursuant to Shakespear, “the fault lies not in our stars, dear Brutus, but in ourselves,” has dismissed a pro-se legal malpractice action arising from plaintiff’s termination as a Juvenile Counselor by the New York City Department of Juvenile Justice based upon allegations of improper sexual language. The court found that the…

For the most part, it is former plaintiff’s attorneys who are sued in legal malpractice, and rarely former defendants. However, over this summer, there have been a rash of stories about defendants who lose cases, and then sue their attorneys. Here is the story of a losing nursing home who has now sued its Texas…