About a year ago we wrote on a case in which a US Supreme Court brief and case were dismissed on technical grounds. Its pretty bad when a mistake is advertised by the US Supreme Court on such a big stage.
Here, a loss at the US Supreme Court has led to a legal malpractice…
Plaintiff in this case has been through the wringer, hiring an attorney in a car case and having that attorney refer out the case, 2d attorney lets the case go past statute, and 1st attorney suggests suing 2d attorney for legal malpractice. However, when client sues, Attorney 2 impleads Attorney 1. Then it gets interesting.
"After…
Hinshaw reports an Iowa case which holds that the client owns virtually the entire file when in dispute with the attorney. In New York, the case of Sage Realty Corp. v. Proskauer Rose, 91 NY2d 30 (1997) governs. In NY the client owns the file, and the attorney must reasonably provide the file, including…
Plaintiff’s decedent was incapacitated prior to death and a guardian was appointed. The estate argued with the guardian over fees, and hired attorneys. Settlement was reached, but the estate now argued with the attorneys over fees, and whether the settlement was appropriated.
The attorneys withdrew and sued for fees. For the balance of the procedural…
The Wall Street Journal reports this:
"What do you call a surgeon who wears a suit? A defendant. It’s an old joke, but at any given moment in the U.S., approximately 60,000 medical malpractice suits are being tried, many involving multiple physician-defendants. That’s roughly 10% of the physician population. And once a physician experiences the…
Motion for summary judgment made by defendant 125 days after note of issue. Plaintiff did not object, and may have consented. AD held that only court may grant extensions, stipulations are void. Motion dismissed.Coty v County of Clinton ;2007 NY Slip Op 05803 ; Decided on July 5, 2007
Appellate Division, Third Department
New rules for service of trial subpoenas are now coming into effect.
Section 1. The civil practice law and rules is amended by adding a new section 2303-a to read as follows: § 2303-a. Service of a trial subpoena. Where the attendance at trial of a party or person within the party’s control can…
Motion practice, expecially cross-motion times have been changed.
"Section 1. Subdivision (b) of rule 2214 of the civil practice law and rules, as amended by chapter 177 of the laws of 1984, is amended to read as follows: (b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall…
Plaintiff was the husband in a divorce, and defendant was his attorney. Husband was advised to tape his wife’s telephone calls. He gets arrested and hires attorney to defend. Attorney does not tell client of plea offer, and client eventually is convicted. Lawyer is disbarred and client now sues.
This case is from North Dakota…
Although the court reporting service got the cite wrong [we’ll get it later today], here is yet another law school case concerning jurisdiction: A New York Plaintiff hires a Pennsylvania attorney to litigate in Connecticut." Scheuer v. Schwartz
"CIVIL PROCEDURE. LONG ARM JURISDICTION. TRANSACTION WITHIN STATE. Plaintiff, the estate of a New Yorker who retained defendant…
