Two attorneys were qualified under Daubert to testify in a legal malpractice action that a trial counsel’s failure to hire arson experts and to advance an alternate theory resulted in his client’s wrongful conviction of his disabled mother’s murder, the Kentucky Court of Appeals held Dec. 9 (David Kaplan v. Gary Wade Puckett, No. 2004-CA-001750-MR, Ky. App.; 2005 Ky. App. LEXIS 257). Full story on lexis.com

What are the limits in questioning an attorney at his own deposition? May you qualify him as an attorney, and then ask him to state the appropriate standard of care? May the defendant attorney be put on the spot? These are all questions that arise from the Carvalho case. The answer is a little complicated. If you want answers, see the New York Law Journal Outside Counsel article by Andrew Lavoott Bluestone on January 4, 2006. Until then, Happy Holidays!

Shannon Duffy reports in Law Com about a newly filed Legal Malpractice suit against Philadelphia firm Pepper Hamilton, in the amount of $ 30 million. The legal malpractice suit arises from a New York $ 28.8 million verdict against plaintiffs Mr. & Mrs. DiLoreto. They were the principals of an off shore insurance company, and were defendants in a veil piercing action in New York. Details.

Reported today in the NYLJ at P 18/Col 1, Justice Edmead in Supreme Court, New York County dismissed punitive damage claims in the matter of Fortnow v. Hughes Hubbard & Reed LLP.. This case arose from the sale of an internet company, where the sellers lost their profits in the bursting bubble. Justice Edmead determined that the punitive damage claims did not rise to the “high moral turpitude” level necessary.

A backpage Long Island article in the NYLJ by Andrew Harris relates that in the matter of Town of North Hempstead v. Winston & Strawn Justice Bucaria stripped the law firm of most of its defenses in a $ 32 million dollar suit arising from a solid waste contract which soured. Only a “sophisticated client” defense remains available.

1. Smith v. Cohen, 7076 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2005 NY Slip Op 9407; Decided, December 8, 2005, Entered. Plaintiff went to attorney A, who referred him to Attorney B for a personal injury case. Attorney A is dismissed, with no proof that he was retained by Plaintiff.

2. Wider v. Heller, 2005-00089 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 9294;December 5, 2005, Decided. Motion for Summary Judgment granted in the court below, reversed without prejudice for defendant’s failure to append the pleadings.

3. Williams v. Lindenberg, 2004-10304, 2004-10305 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 9295; December 5, 2005, Decided. Plaintiff loses on statute of limitations.