Is discovery in legal malpractice limited by the NY matrimonial rules?  This recent case Kodsi v Gee ,2008 NY Slip Op 06938; Decided on September 18, 2008;  Appellate Division, First Department  holds that there are some limits.
 

"Domestic Relations Law § 235(1) mandates that all papers filed in a matrimonial matter be…

This case, which was reported by Anthony Lin of the New York Law Journal involves at least 2 huge political names, and some off-shore investments.  Mr. Giuliani needs no introduction;  Mr. Hutchinson was a US Attorney, head of the DEA and a US Representative who was a manager in the Clinton Impeachment trial.

"A state judge…

This difficult and tragic medical malpractice – bankruptcy – legal malpractice case is worth studying. on the issues of bankruptcy stays and equitable estoppel,

Not once but twice plaintiff has been non-suited based upon the statute of limitations. The underlying claim is that she was subjected to unnecessary bi-lateral mastectomy. 

Plaintiff’s medical malpractice case was started…

This is not a Federal law blog, and we will give only the highlights of the issue of Federal Question jurisdiction.  There are several different ways in which one may qualify for jurisdiction in Federal District Court.  One is diversity, and a second is Federal Question.  This intersects with legal malpractice when a legal malpractice…

We reported this case months ago when Justice Marci Friedman in Supreme Court, New York County granted partial summary judgment and directed that Wilson Elser disgorge fees paid to it.  Her theory was that Wilson Elser beached its fiduciary duty while it represented Ulico and at the same time assisting Legion Insurance Company in a…

Law.Com reports on a legal malpractice case  involving Smith, Gambrell & Russell which may well turn on whether the plaintiff in the action is simply a trustee or a receiver of the plaintiff company.  As one reads this scandal filled case, which includes the suicide of the plaintiff company’s former CEO,Kirk S. Wright,who was awaiting…

Legal Pad Blog Reports that the ConnectU people who successfully sued Facebook are in a dispute with Quinn Emanuel over fees.  We wonder if anyone has considered the collateral estoppel effect of fee arbitrations on legal malpractice cases. The teaser from Legal Pad is:

"San Jose Federal Judge James Ware ruled that the settlement should…

Anthony Lin wrote yesterday in the NYLJ about the Shelly v. Bodian case, Index No. 602254/05, currently being litigated in Supreme Court, New York County.,  

The case highlights some interesting principals of legal malpractice which warrant examination.  We’ll take a further look at the motion to dismiss in this case, which was decided last year.

Is it…