We have all been faced with a motion that is not so well written or supported. This case,Root v Brotmann, 2007 NY Slip Op 05353 ,Decided on June 19, 2007 ,Appellate Division, First Department illustrates the principal that its not right to file deficient papers, and then try to paper over the holes with
Blog Articles
Qualcomm: Lawyers can make mistakes
This report of proceedings in the Qualcomm case is the exception to the rule of making no admission absent a gun to the head. At stake are attorney fees in a huge patent case.
"“Lawyers can make mistakes,” said Bill Boggs, Qualcomm’s new lead attorney in the case.
He explained how the San Diego company…
Another Federal Deposition Sanctions Case
We recently reported on a federal deposition sanction case in which the attorney was sanctioned. Here in Cameron Industries v. Mother Work plaintiff’s attorney skirts ever so close to sanctions. He helps out, answers questions for his client, and clariies endlessly. No sanction, however.
"If an attorney concludes that a deposition "is being conducted in…
NJ Legal Malractice Case Pits Doctor v. Lawyer v. Grand Jury
The facts of thiscase are sad. DR. GARY SAFIER, Plaintiff v. WALDER, SONDAK & BROGAN, P.C.,
JUSTIN WALDER, ESQ. and JOHN BROGAN, ESQ., and AMBROSIO, KYREAKAKIS & DI LORENZO,
Doctor knowingly prescribes narcotics to a wealthy addict for years, and nets a hue of money for doing so. Another doctor turns him in, and he…
Walk out, Stalk out of a Deposition
Quinn Emanuel reports this case: In a federal legal malpractice and section 1983 case, plaintiff’s attorney asked deposition questions of defendant which were intended to harass. Defendant’s attorney told his client not to answer, and ran afoul of the 7th circuit. They said he should have walked out and moved for a protective order.
"During…
Vegas Vomit Legal Malpractice Case
We have often thought that plaintiff”s litigation is a high level gamble. Meeting the client, evaluating the case, gathering the materials, bringing the action and engaging the opposition are the similar to sitting down at a poker table.
Here is a case to the nth power. Casino patron walks in, slips on a nasty…
The Barnes Law Firm and Legal Malpractice
Big players in smaller markets can be a target, or on the other hand may be arrogant and settle cases rather than try them, simply because of the inventory of new cases coming in. Whether this was the case with Justine Thompson is unknown.
What is known is that she had a case, settled the…
Calendar Dismissals in New York
Calendar dismissals are a vivid demonstration of how a case goew wrong. There are pre-note and post-note of issue instances. Here is a well written article which discusses pre-note dismissals by William Greenberg
"Now two recent cases from the Appellate Division, Second Department may have lent some clarity. These cases – Travis v. Cuff, 28…
Defendant, The Attorney, The Carrier, Conflicts and Legal Malpractice
This blog blurb by Ken Shigley discusses the three-way conflict between defendant, its attorney and the carrier, in the context of choices and legal malpractice.
"Where the insurance company has refused to take advantage of opportunities to settle a claim within policy limits, the plaintiff wins a judgment for some multiple of the policy limits…
2 Judges Abruptly Leave the Bench
Daniel Wise at the NYLJ reports that two judges abruptly left the bench yesterday:
"Justice Resigns Amid Reported Probe
Supreme Court Justice Lawrence I. Horowitz (See Profile) abruptly resigned from the bench yesterday, according Ninth Judicial District Administrative Judge Francis A. Nicolai (See Profile). Justice Horowitz, 56, who has reportedly been under investigation for intervening…