Immigration law legal malpractice cases are relatively rare. One reason is that the plaintiff is usually not int he US and a second reason is that damages are somewhat difficult to calculate, in these days of purely economic or "out-of-pocket" damages. Here is an unusual case. Delgado v Bretz & Coven, LLP 2013 NY
Legal Malpractice News
Proximate Cause in the Biggest Cases of Professional Malpractice
Yesterday we took a look at RGH Liquidating Trust v Deloitte & Touche LLP 2013 NY Slip Op 31224(U) June 6, 2013 Sup Ct, New York County Docket Number: 600057/06 Judge: Eileen Bransten on the issue of standing. Today, we’ll look at the proximate cause issue. Just to remind you, this billion dollar professional malpractice…
Even the Biggest Plaintiffs Must Show Proximate Cause
It’s shocking to look at the list of banks which made an unsuccessful claim for professional malpractice in RGH Liquidating Trust v Deloitte & Touche LLP 2013 NY Slip Op 31224(U)
June 6, 2013 Sup Ct, New York County Docket Number: 600057/06 Judge: Eileen Bransten and to realize that they were unable to recoup…
Is It Legal Malpractice to Withdraw As Attorney?
Money disputes between clients and attorneys are a rich source of litigation. This is likely due to the low entry costs for attorneys to sue their clients, and the fact that clients are really relegated to the closed purse method of dealing with uncooperative attorneys. Hence the stage is set for a large body of…
Something Was Wrong, But It’s Too Late
Uninsured Motorist’s Coverage is insurance that one buys for the instance in which the other driver is uninsured or underinsured. Before that coverage, which has already been paid for, is triggered, several things must take place. One is that the entire policy payout of the other driver must be obtained and the second is that…
Lessons From a Medical Malpractice Case
Two lessons for legal malpractice practitioners and, upon consideration, for all attorneys can be found in Wild v Catholic Health Says. 2013 NY Slip Op 04043 Decided on June 6, 2013 Court of Appeals. The first lesson is straightforward. One must preserve objections in order to appeal from the resulting order. Here, "On appeal, defendants contend that…
A Son in Jail, New York Parents and a Legal Malpractice Case
On occasion, the bitterness and melancholy aspects of a case are cognizable merely from reading a motion decision. In Bloomgarden v Lanza 2013 NY Slip Op 31221(U) June 5, 2013
Supr Ct, Suffolk County Docket Number: 8587-12 Judge: Daniel Martin two parents, both doctors, sue California attorneys over representation of their son, convicted of…
Legal Malpractice and the Insurance Carrier’s Obligations
This clearly written Court of Appeals case lays out the Insurance carrier’s obligation to defend legal malpractice cases, and what happens when they refuse to defend. K2 Inv. Group, LLC v American Guar. & Liab. Ins. Co. ,2013 NY Slip Op 04270 , Decided on June 11, 2013 Court of Appeals, Smith, J.
Legal Malpractice and the Adult Use Industry
The Adult Use industry was the subject of constitutional litigation in the City of New York, and was essentially limited to certain non-residential corridors. In DeWitt, New Yorkits use is also limited. What happens when an operator hires a law firm to help set up an adult use industry, and finds that the…
A Judiciary Law 487 Claim Clears its First Hurdle
From what we can decipher in this decision, an insured car owner was convinced that it had to pay $200,000 from its personal assets in settlement of a case, and that the insurance company was allowed not to pay. Plaintiff alleges that this happened because of deceit.
In Duszynski v Allstate Ins. Co. 2013…