Today we report on a recent US District Court case, in Southern District of New York, authored by Judge Sullivan  which has an excellent discussion of the traditional rule, of continuous representation,  the origins of the rule and its relation to the continuous treatment concept of medical malpractice.  Transactional legal work such as drafting of contracts, preparing wills…

What is a question of judgment, what is neglect of a case and what is ignorance of the rules in legal malpractice?  Sometimes this is an easy question, other times, slightly more complex. in  MCCORD -v.- O’NEILL,;  No. 08-3096-cv ;  Summary Order;  UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2010 U.S. App. LEXIS 5139…

Clients depend on attorneys to advise them on the law.  Quick, what do you know about usury?  Do you know enough competently to advise a client, or just enough to get yourself into trouble?  Here is a legal malpractice story about the later.Theresa Striano Revocable Trust v Blancato
2010 NY Slip Op 02773 ;Decided…

Associate is hired and assigned to a case. A mistake of malpractice proportions takes place, and the associate leaves to form his own firm. He takes the case with him, and is alleged to have made more mistakes of malpractice proportion. Is the Original law firm still responsible?"

in this case, yes. In Red Hook/Gowanus…

We’ve discussed whether courts disfavor law suits against attorneys in the past.  It sometimes appears that Courts are more willing to grant CPLR 3211 (a)(1) motions for attorneys than for the general run of cases.  While all agree that the "case within a case" presents unique barriers to litigation, one must remember the human factor…

Continuing our discussion of Decker v. Nagel Rice LLC, 09 Civ. 9878 from yesterday, we see the proposed plaintiff’s attorney, Mr. Lowy, being denied admission pro haec vice. One reason for the denial by judge Scheindlin was the Advocate-Witness Rule.  But that was  only one reason.

A second reason was the announcement that…

An Ski-Train fire killed 155 people in Kaprun, Austria and left twelve survivors. American and foreign survivors and relatives brought multiple lawsuits in federal court called "In re Ski Train Litigation").  That case went through some permutations, was certified as a class action, then partially de-certified and in the end, the foreign plaintiff cases were dismissed.  Why and…

When a tort is committed outside of New York and a non-resident sues within the State of New York, courts apply the borrowing statute, especially with regard to the statute of limitations.  As an example, Kat House Prods., LLC v Paul, Hastings, Janofsky & Walker, LLP ; 2010 NY Slip Op 02489 ; Decided on…