Ableco Finance LLC v. Hilson,  Ippolito and Paul, Hastings, Janofsky & Walker LLP; Supreme Court, New York County, [Justice Kornreich ]is a case we reported on last year.  Now, Justice Kornreich has dismissed some parts of the case, and retained some other causes of action.  "1This malpractice action arises from a 2008 transaction…

We report mostly on New York cases, but on ocassion, our net is more widespread.  Today, a story from Massachussets.  Its a big number legal malpractice case in which no appeal was filed.  From Law.Com and Sheri Qualters at The National Law

"Massachusetts’ high court has ruled that Jackson Lewis and Winokur Serkey & Rosenberg…

It’s rare, but here is a case in which plaintiff was granted summary judgment against the target attorney in a legal malpractice case.  in Anne Koplick Designs, Inc. v Lite ; 010 NY Slip Op 06356
Decided on August 10, 2010 ; Appellate Division, Second Department .  In its short, but stark decision the Second…

It may be too late to sue, which implicates the statute of limitations.  Then again, it may be too early to sue,  Why would one bring an action too soon?  The answer is that sometimes time could run out before events can support a legal malpractice case which will mature later.  Here is an example…

This case Tavarez v Hill ;2009 NY Slip Op 29002 ;Decided on January 5, 2009 ;Supreme Court, Bronx County ;Victor, J. recently partially decided covers two areas. The first area is disqualification of counsel because of multiple representation of four car accident victims, all in one car. "Should the court, sua sponte, stay the…

Guardians, Referees and other court appointees have a qualified immunity to suit.  At a bare minimum, permission from the court is required before bringing suit.  Here in Cangro v. Solomon Justice Edmead of Supreme Court, New York County sets forth the rules in three areas:  suing guardians, privity and an eventual requirement that permission…

One may lose the right to bring a legal malpractice case based on earlier attorney fee dispute resolution. In this case , Margrabe v. Sexter & Warmflash, PC, 07-CV-2798, District Judge Kenneth M. Karas, SDNY, we see just how the process operates. Plaintiff retains attorneys to represent her in a shareholder derivative matter. Attorneys were…

As yet another example of why legal malpractice is a difficult discipline, here is a case in which there was a failure to file a counterclaim, The legal malpractice case ends in dismissal, because the Appellate Division determines that the counterclaim, even if made would have failed. Ginther v Rosenhoch ;2008 NY Slip Op 10292…