Experts are often needed in litigation, and always in medical malpractice litigation. Med Mal cases are lost and it is sometimes thought that they are lost because of experts. Was the expert good enough? Did the expert "give" the departures?
In Healy v Finz & Finz, P.C. 2011 NY Slip Op 01616 Decided on March…
We try to read each new published Appellate Division case in legal malpractice, yet some leave us scratching the head. In Markowitz v Kurzman Eisenberg Corbin Lever & Goodman, LLP ; 2011 NY Slip Op 01626 ; Decided on March 1, 2011 ; Appellate Division, Second Department one defendant attorney has won and kept summary…
We believe in several tropes about legal malpractice. One is that we live in a legal centric country, and accordingly, legal malpractice is ubiquitous as well as omnipresent. The second is that legal malpractice cases are treated differently because they are laws written by lawyers, concerning lawyers, and decided upon by lawyers.
We think that Garnett v …
When we see a business start up and close rapidly, we often wonder how could this happen. When we see a shuttered restaurant we wonder how one entrepreneur’s dream could go so wrong. Here, in Wo Yee Hing Realty Corp. v. Stern, Supreme Court, New York County, Justice Debra James we guess at three…
Legal malpractice is ubiquitous, and yet, prone to many hurdles. Here, in HOURANEY, -against- BURTON & ASSOCIATES, P.C. and BERNARD BURTON,08-CV-2688 (CBA)(LB); UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK; 2011 U.S. Dist. LEXIS 17046; February 21, 2011, Decided we see the plaintiff pro-se lose on summary judgment for lack of standing…
Mortgages have been with us since the middle ages. One might not expect a legal malpractice case to arise over the filing of a garden or varietal mortgage, yet…
In U.S. Bank Natl. Assn. v Stein ; 2011 NY Slip Op 01457 ; Decided on February 22, 2011 ; Appellate Division, Second Department we see…
Attorneys can easily be substituted in and out of cases, and personal injury matters are no exception. When client goes from attorney 1 to attorney 2 to attorney 3 the outlook for the case may sometimes be good, and in this case bad. Client was involved in a car accident, and hired attorney 1 to…
"Medicine is an art and not a science" is a phrase heard at every medical malpractice case, often in summation. This is a folksy restatement of the judgment principal. In law it’s slightly different. An attorney may not be held responsible in legal malpractice for a choice of reasonable strategy, even when its a loser. …
This would be the place for a witty take-off on an American Express ad, playing off the "Don’t leave home without…" This however, is a story of how a foreclosure case started, went to judgment, and then unraveled. Attorneys are found to have violated professional standards, and American Express has no attorney in the fight. …
A French artist wants to buy an apartment in New York for a studio and living space. So far, this could be the start of a fairy tale in which the artist comes to NY, works hard, triumphs, etc. But, this real estate transaction soon turned to legal malpractice litigation. One reason for the problems…
