TJS of N.Y. Inc. v. Koppelman, 2010 NY Slip Op 32329(U), by Justice Denise F. Molia of Supreme Court, Suffolk County is something of a cliff-hanger. When we read it, there was no foreshadowing, no pre-tensioning nor any insight into how the decision would come out. it’s a classic didhedoit.
Plaintiff claims a longstanding relationship…
We grant that it is a stretch to jump from new statutes to legal malpractice, but it is a given that when the rules change, there will be mistakes made. Mistakes, the eternal produce of human endeavor is known as legal malpractice within the legal community.
It is no novelty, nor a surprise that negligent…
Legal representation in even simple matters can lead to unintended consequences. As an ExampleH & J Restaurant v, A & J Grand Enterprises and Leigh, 2009 Slip OP 31544, authored by Justice Edmead, demonstrates how a simple ministerial mistake can end up with a potential $ 400,000 loss, with later judgment against the…
It’s not exactly legal malpractice and its not New York, but the headline and back story of this $ 1.96 Million sanction to Paul, Weiss, Rifkind, Wharton & Garrison and Lowenstein Sandler shocks the eye. Celebrity sues celebrity over an oral agreement to make a bequest. This case ends in a finding of frivolity and…
Patent Litigators held their breath all through the summer, as the Supreme Court considered whether a patent could be enforced in the Internet process area. Bilski v. Kapos was decided by terms end, but did not really put the issues to bed.
Apparently, while others were holding their breath, this plaintiff/client and her attorney were…
Sanna v Polizzotto ;2010 NY Slip Op 51496(U) ;Decided on August 23, 2010 ;Supreme Court, Richmond County ;Minardo, J. discusses several interesting aspects of legal representation, contingent fees, what is unconscionable in contingencies, and legal malpractice.
Plaintiffs and their family were in a dispute over property. Attorneys were retained to represent one of…
In Brackman v Medical Liab. Mut. Ins. Co. ; 2010 NY Slip Op 51432(U); Supreme Court, Nassau County , Winslow, J. we see an unusual but doctrinaire situation in which a doctor sues his defense attorneys for settling a case in which he was sued. The decision lays bare the method by which medical malpractice…
Bankruptcy and legal malpractice have a special relationship. There are special rules, there are collateral estoppel dimensions to fee requests, and the mere filing of bankruptcy may end a plaintiff’s right to a cause of action. Here, in GREENSTREET FINANCIAL, L.P., against- GREENSTREET FINANCIAL, L.P., UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF…
It being a Friday in the Summer, we bring you legal malpractice news from the Jersey Shore, by way of Law.Com. Legal malpractice issues arise wherever attorneys represent clients. Clients sometimes bear some portion of the blame when cases/transactions go sour. Here is a description of one, from Law.Com.
Charles Toutant writes: "Warning clients…
In Garnett v. Fox Horan & Camerini LLP the unusually but by no means novel situation arises where a "liquidating trustee" sues the debtor’s pre-petition attorney for acts that may have led to the Chapter 11 bankruptcy. Here, in a decision by Justice Jane Solomon, of Supreme Court, New York County
Boylan International, Inc. was an…
