It’s not the 10 Commandments, and it’s not the Magna Carta, but as this Court of Appeals case demonstrates, it’s not far off. Amalfitano v. Rosenberg is a new Court of Appeals decision which traces Judiciary Law section 487 all the way back to 1275.
Deceit, or a chronic pattern of extreme deceptive practice…
We’ve written about Judiciary Law section 487 before, and have an article in the New York Law Journal awaiting publication. Like an appellate litigant who reads a new and important case the morning of oral argument, we came across the Amalfitano v. Rosenberg case from the Court of Appeals today. It is an opinion that traces…
Rounding out the week in legal malpractice, this article caught our eye. Law firm represents company seeking to go national in the cable market. Advises in a transaction so large it gets its own nickname. In one of probably hundreds of document drafts two paragraphs go missing, and everything falls apart.
What secondarily caught the…
Much litigation arises from the "deep pocket" theory. Put in the best light, it might be said that a plaintiff has really been wronged, and now the search is on for the usual suspects. Put another way, someone has lost a lot of money, due to no fault of his own, and he would like…
Attorney Referrals are a significant part of the attorney compensation field, and some attorneys derive considerable fees from their practice of taking in a large catchment population, and then referring the cases out to attorneys in specialized fields. What is their potential liability?
Bloom v Hensel ;2009 NY Slip Op 00884 ;Decided on February…
The Fourth Department handed down four legal malpractice decisions this week, which is surely a record. Three were decisions without reasoning. The fourth, KEITH LONG, , v CELLINO & BARNES, P.C., THE BARNES FIRM, P.C., STEPHEN E. BARNES, ESQ., RICHARD J. BARNES, ESQ., ROSS M. CELLINO, JR., ESQ., 1620 CA 07-01737;SUPREME COURT OF…
How much money can be made in the business of incarcarating juviniles? Apparently, quite a bil. This Pennsylvania judge was suspended upon "accusations that two now-suspended Pennsylvania judges accepted $2.6 million in kickbacks in exchange for incarcerating juveniles at specific detention facilities " That’s bad. Now, from the ABA Journal, the spillover:
"Accusations that two…
Here is the story of a three-way deal in a legal malpractice / overpayment of fees / municipal negligence case which we reported at the onset. In Lodi, California [I must admit that the CCR song quickly comes to mind] target attorney had represented the city in litigation, especially an underground pollution case, and claimed…
If one were to peruse the legal press, headlines seem limited to merger, layoffs and legal fee disputes. There is a definite tie-in to legal malpractice litigation. Lesson one by legal malpractice insurers to attorneys is that legal fee cases engender legal malpractice defenses.
Here, from Legal Profession Blog is yet another example: attorney who…
For some reason, it seems legal malpractice cases are subject to an inordinately high percentage of motions to dismiss, more so than other categories of cases. Here in SHAHRAM DAVID LAVIAN, -v.- IRA DANIEL TOKAYER, ESQ., 08 Civ. 938 (PAC) (GWG);
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2009 U.S. Dist.
