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New stories and case digests and some columns focused on key court decisions and issues, as well as news stories on prominent lawyers in trouble, to articles and columns offering advice.
By ALM Staff | April 7, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Amanda O'Brien | April 6, 2023
Arguments focused on when the companies should have been aware that they had a potential malpractice claim, with the parties arguing that a 2004 email advising them to enter into a Department of Justice consent decree was deceptive and "would have caused 'reasonable minds' to relax their vigilance."
4 minute read
By Riley Brennan | April 3, 2023
"Because the plaintiffs did not proffer admissible evidence on damages, summary judgment should have entered for the defendants," the court said.
6 minute read
By Mason Lawlor | March 28, 2023
"We, like the trial court, fail to see any unfair or deceptive act perpetuated by Attorney in his representation of Plaintiff when said representation resulted in the dismissal of the claim for damages. While the counter-complaint was initially dismissed, Plaintiff's re-filing of the claim ultimately resulted in a settlement. The erroneous judgment was also dismissed once the clerk's clerical error was discovered by the court. The record before this court is simply devoid of any theory through which Plaintiff was harmed by Attorney's legal representation," McClarty wrote.
5 minute read
By Colleen Murphy | March 28, 2023
"Even assuming the district court correctly found LeBaron was not specifically required, either by court order or otherwise, to deposit Kylie's settlement funds directly into a trust account—a case-specific determination to be made by the finder of fact at the breach stage of the analysis—it does not follow that LeBaron owed no legal duty to Kylie," Judge Michele M. Christiansen Forster wrote.
5 minute read
By Matthew B. Weisberg | March 23, 2023
There are practitioners who are de facto immune from an action in recompense from even their own admitted neglect.
5 minute read
By Justin Henry | March 22, 2023
Scott Diamond pleaded guilty to stealing from the firm. An associate who also pleaded guilty as a co-conspirator received six months of probation on Tuesday.
5 minute read
By Adolfo Pesquera | March 22, 2023
"If we agree the parties can call something escrow when they place it in the hands of one side's lawyer ... and that isn't traditional escrow, why should we imply other traditional concepts of escrow?" Justice Jane Bland asked.
4 minute read
By Jason Grant | March 21, 2023
The Appellate Division, First Department court ruled in favor of Manhattan-based law firms Flomenhaft & Cannata and Flomenhaft Law Firm, reversing a lower court that refused to unseal a guardianship proceeding's court record after the firms had a legal malpractice case brought against them.
6 minute read
By Adolfo Pesquera | March 21, 2023
"To say the attorney who was acting as an agent for a client gets to turn around and use that shield as a sword against the client doesn't seem to be required by Youngkin v. Hines, or does it?" Justice Evan Young asked.
5 minute read
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