Morris Eisen was one of the most celebrated personal injury attorneys in NY. His Woolworth Building offices buzzed, usually starting around 5:30 a.m., while firm attorneys and outsiders who were trying a case for Eisen that day would gather for breakfast and a pep talk.
All that ended with his downfall, which started when NYC…
We often remark that it is more difficult to settle a case with an uninsured attorney than with an insurance company, and that taking money from an attorney’s pocket is complicated indeed. Read through this NJ appellate case, which documents the time and legal fees spent trying to wrangle the last $ 800 from a…
We ran across this doctor’s web site, and were intrigued by the assertion that medical malpractice insurance is doubling or tripling annually. This assertion seems impossible. Can it be?
"There is a legal malpractice crisis in California. Jury awards are skyrocketing, and and lawyers’ rates for malpractice insurance (which they are required to carry) are …
Whether styled as "lost punitive damages". "punitive damages" or otherwise, there are no awards in legal malpractice when the attorney "failed" to obtain punitive damages in the underlying case. Here is a breathless, somewhat confused account of a California case.
"A legal malpractice plaintiff could not avoid the retroactive application of caselaw limiting its recovery…
Defendants blogging prior to and during their medical malpractice cases {Flea) and now, jurors blogging during a murder trial. Attorneys need to be aware of, and ask questions about blogs.
So, it occurs to us: will it ever be legal malpractice not to ask parties about blogs, not to question jurors about blogs, not…
Privity is the relationship between professional and client. Here in this case, Dinerstein v Anchin, Block & Anchin, LLP , 2007 NY Slip Op 05143 Decided on June 12, 2007 Appellate Division, First Department , the court discusses the outside limits of privity. For these accountants, the court holds that it was reasonable to expect…
There are conflicting rules in the 4 departments of New York. In legal malpractice, it is plaintiff’s obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. In the First Department, it is an affirmitive defense for defendant to prove.
Here is a…
Mylan Laboratories Inc., Mylan Pharmaceuticals Inc. and UDL Laboratories Inc. v. Eliot G. Disner, is a just reported, newly filed legal malpractice case in West Virginia. The Claim, as reported by The West Virginia Record is:
"Mylan claims Disner and co-defendants committed legal malpractice as an advisor to Mylan on antitrust law. They claim…
Kilpatrick Stockton LLP report that a Cornell Law School study shows very interesting results for appeals. There is a much greater reversal rate for trials than one might expect.
"Two Cornell Law School professors recently examined civil appeals in the state-court systems. See Theodore Eisenberg & Michael Heise, Plaintiphobia in State Court? An Empirical Study…
Missing a court date is a common motif in legal malpractice. Daniel Wise of the NYLJ reports that the Kings and Queens Civil Courts calendars are now online, that the balance of the NYC civil courts will soon follow, as well as many upstate City courts.
"The court system expanded its Web site yesterday to…
