In Tatum v. Oberg; UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT;2009 U.S. Dist. LEXIS 82208;September 3, 2009 we see a spirited discussion of the overlap between fraud claims and negligence, as well as a discussion of the overlap between breach of contact claims and negligence.  It is a 2d Circuit case decided…

In Felt v. Van Alstyne we see an interesting real estate-legal malpractice case, one which is, unfortunately, no so uncommon.  Plaintiff owns 51 acres of property in Greene County and wants to sell a portion, 6.1 acres.  The balance of 45 acres or so, which is unimproved, is to be sub-divided and kept.  Defendant attorney…

In law, sometimes a single case decision opens the flood gates.   This is an oft-heard argument, with a rarely seen result, yet in legal malpractice the Ulico v. Wilson Elser, 56 AD3d 1 (1st Dept, 2008) case seems to have accomplished the re-awakening of "breach of fiduciary duty."

As an example, see Colucci v. Arisohn…

When practitioners in Legal Malpractice stay in the area long enough, older cases they handled come back to save or haunt them.  A prime example is DeNatale v Santangelo ;  2009 NY Slip Op 06398 ;  Decided on September 8, 2009 ;  Appellate Division, Second Department .  Here the defendant law firm wins dismissal based…

Continuing from yesterday, what is the relationship between legal malpractice litigation and breach of fiduciary duty?  One reflexive answer is that the broad category of legal malpractice litigation, which requires a demonstration of deviation, proximate cause, "but for" causation and damages contains breach of fiduciary duty as a subset.  Often, alternative claims of breach of…

Sometimes a court’s decision will simply tell how the case came out.  Sometimes a decision can teach a lesson; in this case one decision teaches several lessons in Legal Malpractice.  KIRK , -against-  HEPPT,   05 Civ. 9977;UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2009 U.S. Dist. LEXIS 80989;September 1, 2009, Decided…

Sometimes we find a stimulating discussion of a principal of legal malpractice in decisions concerning other professions.  In this case Sykes v RFD Third Ave. 1 Assoc., LLC ;2009 NY Slip Op 06387 ;Decided on September 8, 2009 ;Appellate Division, First Department ;Moskowitz, J.  we find a discussion of privity and third-party beneficiary law…

In "Boglia,  v  Greenberg, et al., ; SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT;2009 NY Slip Op 5278; 63 A.D.3d 973; 882 N.Y.S.2d 215; 2009 N.Y. App. Div. LEXIS 5183  the court writes:

"The client retained the attorneys to represent her in a matrimonial action. After terminating the attorneys’ representation, the…