$40M Legal Malpractice Suit For Failure to To Disclose Experts

On June 19, 2018, a restaurant operator filed suit in Manhattan against the law firm of Seyfarth Shaw for missing time sensitive deadlines on the disclosure of experts resulting in the preclusion of their experts at the time of trial. During legal proceedings before the trial the Judge allegedly admonished the law firm for repeatedly asking that discovery deadlines be extended. According to a report in the New York Law Journal, Seyfarth was allowed to withdraw from representing Blue Dog in the bankruptcy proceeding, but the Judge refused to award the firm any legal fees and criticized the firm for attempting to use a retaining lien as leverage for extra fees.

The restaurant operator, Blue Dog At 399, Inc (Blue Dog) was involved in an adversary proceeding in Bankruptcy Court with its landlord who owned the premises at 399 Park Avenue. Blue Dog had filed for bankruptcy claiming that as a result of its landlord's unreasonable conduct, it was unable to open the restaurant for business. 

Blue Dog alleges that: "Seyfarth negligently, deceptively and repeatedly failed to identify experts and produce timely reports...leaving Blue Dog stranded without experts as to either liability or damages". Blue Dog claims $13,500,000 in compensatory damages and asks that the Court treble those damages to $40,000,000 based on a claimed violation of Judiciary Law Section 487. This statute allows, under limited circumstances treble damages and attorney's fees to victim's of attorney deceit.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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