Who may sue the lawyer? Is it the corporation / LLC / etc. or the individual? Here, in this Schulte Roth case [McCagg v. Schulte Roth] from Supreme Court, New York County, partners who are suing each other find that neither may individually sue the attorneys involved for legal malpractice.
The back story is…
Campbell Holder, an attorney in Manhattan has the dubious honor of being a jailed legal malpractice defendant. A significant judgment was just entered against him in Federal District Court. The New York Law Journal reports:
"An imprisoned former attorney was ordered to pay $250,000 in damages to a client whose case against the Metro-North…
Continuing a trend for bankruptcy/referee/trustee/ unusual settings for legal malpractice litigation, here is an article from NY Lawyer about the settlement of a large legal malpractice "disentanglement" case:
"Wilson Sonsini Goodrich & Rosati has paid $9.5 million to Brocade Communications Systems to release itself — as well its chairman and former Brocade board member, Larry…
Single stockholder corporations are quite common. Entrepreneurs know that they must start a corporation, and they often equate the corporation’s activities with their own, for they, of course, are the CEO, CFO, COO, and sole shareholder. Here is an example of what can go wrong.
Baccash v. Sayegh is the story of a sole shareholder…
Yesterday we reported on a Nebraska case in which it was found that simply because a legal malpractice case came from a patent matter, it was not a federal question, sufficient for US District Court jurisdiction.
Now, hot on the heels, is this case: Singh v. Duane Morris, No. 07-20321. We’ll get the decision, but…
Jurisdiction in Federal District Court…harks back to the first few weeks of law school. Well, there’s diversity…and…and federal question. So, a legal malpractice case arising from a patent transaction…state court or federal district court?
Many the removed case has been found to have federal jurisdiction, but this Nebraska Case says that it may be brought…
Here is a convoluted intelectual property – patent legal malpractice case. Thelen Reid answers, and with its answer, raises more questions. Here, from Law.Com:
"Thelen argued that the company "and/or" third parties contributed to the IP losses and that IVI waived the alleged conflicts of interest. The firm also said the claims are barred by the…
Criminal Defense practitioners enjoy a special dispensation in the legal malpractice world. Plaintiff there must be able to allege [in New York] actual innocence. One need not allege freedom from wrong in the civil end of things.
In Hitham Abuhouran, Plaintiff-Appellant, -v.- Asher E. Lans, et al., Defendants-Appellees.
06-2857-pr UNITED STATES COURT OF APPEALS FOR…
In this Bankruptcy-Legal Malpractice Case In re Monahan Ford Corp. of Flushing, Debtor. Richard J. McCord, as Chapter 7 Trustee of the Estate of Monahan Ford Corp. of Flushing, Plaintiff -against- Jaspan Schlesinger Hoffman, LLP, Defendant.
Case No. 02-23134-CEC, Chapter 7, Adv. Pro. No. 04-1496-CEC
UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW…
A recent 3d Department Case gives a well reasoned, and well explained discussion of when the statute of limitations starts to run in legal malpractice situations where the attorney seeks to be relieved. The Third Department has a unique case, Aaron v. Roemer [discussed in Deep v. Boies, which cuts against the grain. …
