MP3, which is a service allowing one to download music from one’s own CDs, is in hot water and litigation over its service. Now, this story tells us that they have sued their attorneys for not explaining "fair use" to them.
Blog Articles
Like Father Like Son in Legal Malpractice?
Here is an interesting story. Plaintiff successfully sues her attorney for $6.4 million. Now she sues his father for fraud. The Story:
"CLEVELAND
Coffee firm owner sues
A year ago, Angela Caruso of Brecksville won a $6.4 million legal malpractice verdict against her former lawyer, David Leneghan, in Cuyahoga County Common Pleas Court. Now she’s…
Politics and Legal Malpractice
Sometimes its a lowly plaintiff, sometimes a big corporation and on ocassion, a city. Here is a completely mixed up report of a city suing its attorneys in legal malpractice. Its in Coatsville.
"Council member Kurt Schenk and president Patsy Ray lashed out at media coverage of Coatesville at Monday night’s meeting.
"In other council…
What is Professional Malpractice?
Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a "deviation from good and accepted legal practice, where the client has been proximately damaged by that deviation, but for which,…
Attorney Fee Split and Termination for Cause
Here is a case from Kings which illustrates difficulties in proving that the first attorney was terminated for cause. Often the client is so fixated on getting the case to the new attorney, that promises are made, and proper evidence is not prepared.
Vallejo v. Builders for the Family Youth, 5538/00
Decided: January 2…
Firm’s Defamation Case over Legal Malpractice Claim Dismissed
Sexter & Warmflash was fired by its client, who then sent it an angry letter. That letter brought a defamation case. It survived summary judgment, but the Appellate Division today reversed and dismissed. Reason? As Anthony Lin of the NYLJ reports, it was qualified privilege.
"A Manhattan appellate court has thrown out a law firm’s…
West Virginia Legal Malpractice and Questions of Fact
Here is an interesting, and well written case from the Supreme Court of West Virginia.
"SAMANTHA SELLS v. ARNOLD RAY THOMAS, ET AL., No. 32969 (Per Curiam)(November 9, 2006). Plaintiff Samantha Sells appealed an order of the Circuit Court of Mercer County granting summary judgment in favor of defendant Kenneth Chittum, Esq., on plaintiff’s legal…
Legal Malpractice Decisions in Kentucky
A short blurb from a Kentucky legal blog. A Kentucky Supreme Court case held that whether a decision by an attorney was a strategic choice is made by the court, and whether it was a reasonable strategic choice is made by the juyy.
"Attorney errors: Equitania Insurance Co. v. Slone & Garrett determined that…
Legal Malpactice for the Godfather of Soul
We’ve always wanted to write a headline like that. Joining Michael Jackson, Michael Bolton and others in the legal malpractice world, James Brown’s ex- [widow?] says shes the victim of legal malpractice. "Hynie, a backup singer for the Godfather of Soul, said initial annulment papers weren’t filed, the reason the previous marriage was not officially…
Are you covered for Legal Malpractice? This newspaper wants to know
Here is a very interesting newspaper report of an ordinary case. Person in wheelchair falls after leaving an airplanne. Cause of action = no wheelchair, uneven ground. What is interesting is that the newspaper reports on the plaintiff’s attorney, and comments that he has no legal malpractice insurance.
Legal Malpractice insurance is required in some…