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Client hires law firm to sue a hospital in Pennsylvania for medical malpractice arising out of a back surgery. The medical malpractice case is dismissed because the law firm failed to file a certificate indicating that a medical expert believed there was malpractice. So, the client next sues the ...
Last month a Supreme Court Judge in Manhattan dismissed a legal malpractice claim against a lawyer who failed to show up at a conference which led to dismissal of the clients case. The attorneys no-show resulted in the dismissal of an Article 78 proceeding against the NYC Department of Educatio...
On December 5, 2017 an appellate court covering Manhattan disbarred an attorney, licensed to practice law since 2004, who admitted he had ripped off 50 clients for approximately $191,000. Mitchel Tarter signed up 50 distressed homeowners, who he persuaded had meritorious claims, to sue their lend...
A former Wilkie amp; Gallagher partner, Keila Ravelo, age 51, is looking at 4 - 6 years jail time after pleading guilty last week of creating phony invoices for imaginary litigation vendors created to establish corporate bank accounts. She would send the phony bills to her law firm clients and t...
A Suffolk County lawyer, Vincent Trimarco, has been charged with stealing $2M from the proceeds of a settlement of a wrongful death action. Scott Eriksen died in 2005 while in the custody of the Suffolk County Sheriffs Department for a misdemeanor drug charge. Mr. Eriksen had a daughter (determi...
Last week an Appellate Court agreed with a Westchester County Supreme Court Justice who allowed an attorney sued in a legal malpractice case to serve a late Answer to a Complaint. When you neglect to answer a Summons and Complaint the consequences can be severe including, a finding or declaration...
Last month an Appellate Court upheld the dismissal of a legal malpractice case in Nassau County. The client retained a divorce lawyer to represent him in a matrimonial matter. After 18 months the client terminated lawyer #1, retained lawyer #2 and thereafter entered into a separation agreement se...
A law firms broad retainer agreement has come back to haunt them. A seller of a business purchased for $7.5 million ($5 million of which was collateralized by the buyers restricted common stock) hired Seward amp; Kissel as lead transaction counsel. As per a letter of intent concerning the sa...
On August 18, 2017 a Manhattan Supreme Court Justice denied an attorneys motion for pre-trial dismissal of his former clients claim for breach of contract due to excessive billing for legal services. The attorney argued that dismissal was justified since he had obtained dismissal of an earlier (...
A federal court Judge in Manhattan was asked to allow an attorney defending a legal malpractice claim, to learn what advice the new attorney gave to the client after he was replaced. The attorney was retained to assist the client in disputes arising from the clients financing of life insurance ...
It was reported in todays New York Law Journal that Nassau County attorney, Steven Morelli has been sentenced to 2 and a half to 7 and a half years in prison for stealing settlement funds from approximately 17 different clients. Upon pleading guilty to these crimes, which include a felony, More...
On July 31, 2017 Manhattan Supreme Court Justice Billings ruled that an attorney was negligent for failure to advise plaintiff of the applicable statute and regulation (related to deposits on the sale of condos). The buyer had made a deposit of $985,000 on the purchase of a condo and as per the...
Appellate Court extends the deadline or statute of limitations for a client's breach of fiduciary duty claim finding that "where there is a series of continuing wrongs, the continuing wrong doctrine tolls the limitations period until the date of the...last wrongful act."
On June 20, 2017, the Appellate Division, First Department upheld the denial of a motion to dismiss a legal malpractice claim. The plaintiff had retained the defendant law firm to file a Notice of Claim against the City of New York for injuries he suffered in a fall from his motorcycle because he...
Attorney settles case, clears a fee, leaving the client with nothing. Legal malpractice action allowed to proceed forward.
On February 7, 2017, an intermediate appellate court denied a lawyer's motion to dismiss a legal malpractice suit which claimed that the lawyer failed to timely file a motion to reopen a deportation order, for over one year, which caused the claimant to be deported-denied reentry to the U.S. and lose her job.
The New Jersey Law Journal reported on January 30, 2017 that a Passaic County jury had awarded $850,000 to Aref Abuhadba in a legal malpractice case. The plaintiff Abuhadba hired an attorney to sue for defective construction work on his property. The lawsuit was filed but never made it to trial. ...
On January 10, 2017, a West Hempstead attorney, David Frankel pleaded guilty to stealing approximately $5,700,000 from 7 real estate clients over the course of 15 months. All clients concerned thought there money was safely deposited into an attorney's escrow account.
"So what" defense prevails to terminate legal malpractice action prior to trial.
It was reported in today's New York Law Journal that a Manhattan elder law attorney was disbarred following his plea of guilty to criminal possession of a forged instrument and offering a false instrument to a Court. According to papers filed in Court, this Manhattan attorney filed forged receipt...
On October 27, 2016 a New York County Supreme Court Judge agreed with Skadden Arps that a former client who had sued them for $35 million dollars was too late in filing suit. The legal malpractice suit was filed by the creditors of a bankrupt aviation company. For many years Skadden Arps had repr...
On October 18, 2016, a Federal Court Judge in Brooklyn dismissed a legal malpractice claim for lost profits on the sale of a multi - million dollar residential home in Sands Point, New York. The homeowners claimed that due to the negligence of their attorney's, they lost the opportunity to sell t...
On September 22, 2016 the United States Court of Appeals for the Second Circuit upheld the dismissal of a medical malpractice - wrongful death action which claimed that Generations Family Health Center ("Generations") had failed to timely diagnose the decedent's colon cancer. The case was dismiss...
Lawyers who want to sue their client for defamation can't wait until after they lose a legal malpractice law suit.
On August 2, 2016, a Manhattan Supreme Court Judge dismissed what she said "were plainly disagreements" over trial strategy from a legal malpractice lawsuit claiming over $155,000,000 in damages. Those "trial strategy" claims were dismissed based on the "error in judgment" defense applicable to all professional malpractice claims.
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