Statute of limitation issues are especial difficult in transactional legal malpractice calculations.  In litigation legal malpractice, the last date of representation is generally not too hard to agree upon.  Here, in Elizabeth Arden, Inc. v Abelman, Frayne & Schwab , 2010 NY Slip Op 51836(U) Decided on October 22, 2010; Supreme Court, New York County…

We’ve noted in the past that legal malpractice cases sometimes have a history of legal malpractice within them.  As an example, Moray v Koven & Krause, Esqs. 2010 NY Slip Op 07573 ;Decided on October 26, 2010 ;Court of Appeals ;Read, J. serves well. it involves a legal malpractice case levied against a…

"The best defense is a strong offense"…"Tyranny shall not go unopposed!" which of these two opposing story lines will succeed in a legal fee / legal malpractice case. Here is one example where the fee side wins out. Duane Morris LLP v Astor Holdings Inc. , 2009 NY Slip Op 02544
Decided on April…

In a US District Court case, entitled Bloom v. Morley, 2010 U.S. Dist. LEXIS 104704 (EDNY, 2010) one attorney is suing a second attorney over fees and defamatnio.  What was the underlying story?

  "Plaintiff further contends that a "business relationship [existed] between Defendant and Lugli for purposes of multi-forum litigation * * *," whereby defendant and Lugli…

The Court of Appeals yesterday decided a case which limits potential liability, or more correctly put, continues a limit of potential liability of a corporation’s outside professional advisors, including attorneys.  In Kirschner v Kpmg Llp ;  2010 NY Slip Op 07415 ;  Decided on October 21, 2010
Court of Appeals ;  Read, J. we see…

Attorneys frequently use LLPs or PCs as their corporate identity.  Does this really make a difference in small or single attorney settings?  The short answer is: "yes!"  in Teodorescu v Resnick & Binder, P.C. ;2010 NY Slip Op 20400 ;Decided on September 28, 2010 ;Supreme Court, Kings County ;Kurtz, J. we see what…

The litigation funding industry either preys on, or aids clients who have significant damage cases that they cannot bring to trial, or when the clients need money during long litigation.  This story, while nominally that of a disbarred attorney, focuses a light on the lending practices of attorneys and clients.

There is a top tier…

PROTOSTORM, LLC ,  -against- ANTONELLI, TERRY, STOUT & KRAUS, LLP, ., Defendants. 08-CV-931 (NGG) (JO) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK  2010 U.S. Dist. LEXIS 109466 [October 12, 2010, Decided]  is the Court’s lament over a motion for summary judgment gone bad.  Federal Courts have a Rule 56.1 which is supposed…