Two starkly differing views come to light in this twisted matrimonial/legalmalpractice case. It all started with a matrimonial and custody case. From the NYLJ:
"The underlying case, a contentious divorce and custody proceeding between Ms. Callaghan and her now former-husband Gerard A. Callaghan, began in 2001. In that action, Ms. Callaghan claimed her…
No one, and by that we mean the New York Attorney Malpractice Blog is accusing anyone of malpractice regarding this story. Sheila Birnbaum is a demi-god in litigation circles. However, e-mails can trip up anyone. Will a similar tale end in legal malpractice? Law blog reports:
"Yesterday, Skadden Arps products-liability superstar Sheila Birnbaum mistakenly sent to…
Here is a textbook example of how courts view legal malpractice cases. Their view does not necessarily comport with the reality of litigation. In Katz v. Herzfeld & Rubin the court holds:
"In support of the motion to dismiss, the defendant submitted evidence establishing that the acts of malpractice alleged in the complaint, including…
CELEBRITY CRUISES INC., and FANTASIA CRUISING INC., Plaintiffs, – against – ESSEF CORP., PAC-FAB, INC., and STRUCTURAL EUROPE N.V. (f/n/a SFC), Defendants.
96 Civ. 3135 (JCF)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2008 U.S. Dist. LEXIS 568
January 4, 2008, Decided
This is a cruise line injury action. “After passengers…
Unconfirmed by other media, here is a report of a $ 30 million award against California law firm Fish & Richardson in favor of Kairos Scientific, Inc. it appears that this 2003 verdict was recently upheld on Appeal. Further information to come.
1st prize Technology Innovation:
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Andrew Lavoott Bluestone, Bluestone Law Firm, New York, NY
Winning solution: Andrew Bluestone, a sole practitioner in New York City, concentrates in legal malpractice litigation. One of his biggest challenges is managing thousands of documents for each case. To deal with this, he scans every piece…
Lexis reports that:
Sunday, January 22, 2006
Law Firm Wins Judgment In Legal Malpractice Action Over Sauer Verdict
LITTLE ROCK, Ark. — A federal judge has found that a law firm representing a defendant in the record-setting Advocat Inc. v. Sauer verdict is not liable in a legal malpractice action seeking $10 million in damages…
“But for” is probably the hardest part of a legal malpractice case. Plaintiff must prove that except for the mistake of the attorney, it would have won the case. This requirement often comes up against a fact based argument that on the last day of representation by the now defendant attorney, the case was still…
Anthony Lin in the New York Law Journal reports that Supreme Court, New York has dismissed a legal malpractice suit based upon the Sophisticated Plaintiff doctrine. Where the Plaintiff is as well versed in some speciality as is the attorney, then the attorney will not be held to deviate from good practice when making decisions based upon that knowledge.
Continue Reading Sophisticated Plaintiff defense in Legal Malpractice
