The law of legal malpractice is different; it is ubiquitous. We see this theme again and again in the published cases. In products liability law, privity was jettisoned years ago. It remains in legal malpractice law. In In re: HIRSCH ELECTRIC CO., INC., Debtor. ALLAN B. MENDELSOHN, as Chapter 7 Trustee of the
Legal Malpractice News
Plaintiff Seeks to Amend Complaint based upon Legal Malpractice Claims in A Fed Case
Plaintiff buys a house which it says was illegally constructed, and further says that since the seller worked for Oyster Bay, the town overlooked illegal construction and gave a Certificate of Occupancy. This action, JULIE LAMOTHE and JUSTIN LAMOTHE, Plaintiffs, -against- THE TOWN OF OYSTER BAY, THE TOWN OF OYSTER BAY DEPARTMENT OF PLANNING …
A Successful Pro-Se Immigration Legal Malpractice Case
In DUSHYANT KURUWA and MONICA ARGUELLES, Plaintiffs, -v.- MILTON L. MEYERS, Defendant.;09 Civ. 4412 (GWG);UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ;2011 U.S. Dist. LEXIS 122466; October 21, 2011, we a most unusual case of successful pro-se litigants. Even more so, the Court granted punitive damages agaisnt the attorney. …
Pro-Se Matrimonial Legal Malpractice Cases
A post-matrimonial legal malpractice case has some elements of sadness. From the court’s decision, desperation is apparent. Wife has divorced, and four years later still is trying to get what she believes is justice. Attorney seems to be caught in a cycle of client dissatisfaction and litigation.
What finally emerges as the reason for the…
The Cove Cafe and Legal Malpractice
What happens when four people get together and decide to open a restaurant? Often enough, they are friends, and have only the highest regard for each other. They trust each other, and have high expectations that each is ready to get going and get the business started. It does not always work that way. We see, in Battaglia …
When Does a Conflict of Interest Turn into Legal Malpractice
Attorney represents X and then later represents X’s opponent in litigation. Aside from the fact that the opponent is X’s mother, when does such representation cause a conflict and legal malpractice? We see in Benaquista v Burke ;2010 NY Slip Op 04896 ;Decided on June 10, 2010
Appellate Division, Third Department that there is no…
Bad Faith Litigation in an Auto Case: Will a Legal Malpractice Case Follow?
Justice Schack’s decision in Taveras v American Tr. Ins. Co.; 2011 NY Slip Op 51831(U) ; decided on October 17, 2011 ;Supreme Court, Kings County ; Schack, J. is an eye-opener. Basically put, this was a three car accident in which American Transit had two of the cars. Each of the cars had a $…
Legal Malpractice Case Dismissed Sua Sponte
Cases rarely are dismissed by the Court for reasons that have absolutely nothing to do with the merits, almost never sua sponte. Here is an exception. This plaintiff was enjoined from bringing any further litigation in either State or Federal court for anything to do with his former apartment. Nevertheless…
A Legal Malpractice Attorney and Legal Malpractice RICO Lawsuits
Plaintiff-.Attorney in this RICO action sues other attorneys who have brought legal malpractice cases, some against him. Plaintiff was at one time a major player in the plaintiff’s legal malpractice world. Now, in W. ROBERT CURTIS, Sc.D., J.D, CURTIS & ASSOCIATES, P.C., Plaintiffs-Appellants, – v – THE LAW OFFICES OF DAVID M. BUSHMAN, ESQ., DAVID M. …
Lockerbie and Legal Malpractice
is it legal malpractice for an attorney to answer a information subpoena concerning his retainer agreement with a client if the answer does not contain privileged communications? We will not know the answer to this question from GREGORY P. MORSON, Plaintiff, -against KREINDLER & KREINDLER, LLP, Defendant.09 CV 2994 (DRH)(ARL)UNITED STATES DISTRICT COURT…