Anthony Lin of the New York Law Journal writes:
"Thelen Reid Brown Raysman & Steiner’s representation of the estate of a wealthy Mexican politician has landed the law firm in a controversy worthy of a steamy telenovela.
For over a decade, Robert J. Reger, a partner in the New York office of San Francisco-based Thelen…
Here is a medical malpractice statute of limitations continuous representation case which has implications for a legal malpractice case, too. The rule is similar in both attorney malpractice and medical mal.
"A medical malpractice cause of action accrues on the date of the alleged act, [*2]omission, or failure complained of, and is subject to a…
Plaintiff sues defendant attorney for legal malpractice, constructive fraud and unlawful imprisonment. All fails but constructive fraud for misrepresenting the soft idea of experience in commercial law.
"There were triable issues of fact with respect to the cause of action for constructive fraud. Plaintiff Herbert Nason testified that he retained these attorneys based not only…
Our experience is that an Erbs palsy case is kind of hard to lose. Most are settled, and the few that are not, generally have a good defense. Here is a midwest juror’s take on a lost Erbs palsy case.
"The first notice got lost, so when I got the warning noting my failure to…
Here is a [subscription] case from the NYLJ. Would the attorney, if permitted to act as a private DA be granted the same insulation from legal malpractice as a real DA?
"Matter of Sedore v. Epstein, 2672/06
Decided: January 23, 2007
DUTCHESS COUNTY
Supreme Court
James W. Hill, Sr. Asst. Public Defendant
Dutchess County Public…
In NJ, as in NY, a criminal defendant may not sue his attorney for legal malpractice absent a showing of "innocence", which in NY generally means a vacatur of the conviction or some post-conviction reversal. Here is another NJ failure.
"Having fully considered these arguments, we affirm the Law Division’s order granting defendants summary judgment…
This NC case illustrates the problems with determining when a statute of limitations starts to run. Is it on the date of bad advice, the date of the settlement, the date of the release, or later? The North Carolina Appellate Blog writes:
"COA: Despite Signed Certified Mail Return Receipt, Service Validity Issues
In In the…
We are scratching our head over this case. A 10-2 verdict? Double Dipping? Defendants who drop out of the story?
"In Baker Botts, et al. v. Kenneth F. Cailloux, as Next Friend of Kathleen C. Cailloux, the 4th Court of Appeals in San Antonio reversed a 2005 trial court judgment ordering Baker Botts and Wells…
Bernstein v. State of New York, 06 Civ. 5681
Decided: February 6, 2007
"Disciplinary proceedings were instituted against Bernstein by the Grievance Committee for the Second and Eleventh Judicial Districts. The petition contained three charges of professional misconduct, including a charge that Bernstein "converted clients [sic] funds that were entrusted to him as a fiduciary…
He tried in Supreme Court, at the Appellate Division level and now in Federal Court. Attorney is sanctioned losing at all levels.
"Plaintiff is suing the Appellate Division of the Supreme Court, Second Judicial Department ("Appellate Division"); Appellate Division justices Gail Prudenti, David Ritter, Frank Santucci, and Robert Schmidt, in their individual capacities; and, finally…
