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Leff v. Fulbright & Jaworski, L.L.P., 117424/06
Publication Date: 2010-11-23 Practice Area:
Industry: Court: Supreme Court, New York County Judge: Before: Tom, J.P., Andrias, Nardelli, Acosta, DeGrasse, JJ Attorneys: For plaintiff: Sullivan Papain Block McGrath & Cannavo, P.C., New York (Frank V. Floriani of counsel), for appellant. For defendant: Patterson Belknap Webb & Tyler, LLP, New York (Frederick B. Warder of counsel), for respondents. Case number: 117424/06
Cite as: Leff v. Fulbright & Jaworski, L.L.P., 117424/06, NYLJ 1202475228998, at *1 (Sup., NY, Decided November 18, 2010)Before: Tom, J.P., Andrias, Nardell
Settlements and Subsequent Legal Malpractice
Andrew Lavoott Bluestone, a sole practitioner, writes that recently, one Appellate Division case and two Supreme Court cases have challenged the "effectively compelled" principle - that legal malpractice claims are viable even after a settlement in the underlying action if that settlement was effectively compelled by counsel's mistakes - and in effect, turned it on its head.Six Firms Split $625 Million in Fees for New York's Share of Big Tobacco Case
An arbitration panel has awarded $625 million in attorneys' fees to the six firms that were hired by New York state to sue the tobacco industry, say sources close to the arbitration. The fee award is for the work the six firms did in securing $25 billion as New York's share of the historic $208 billion pact reached between 46 states and the tobacco industry in 1998.Sheriff's Raid Can't Pry Client Files From Disbarred Lawyer's Grip
Sheriff's deputies last week raided the office of disbarred New York attorney Kenneth Heller, but came up largely empty in their search for 43 boxes of files from his biggest case, a $7.6 million wrongful-death verdict later reversed on appeal. The plaintiff's new lawyers have tried for 2 1/2 years to recover the files from Heller, who has demanded as much as $12 million in fees before turning them over. Heller was disbarred in 2004 for a pattern of improprieties predating the wrongful-death case.Office Raid Doesn't Yield Case Files
A disbarred attorney has refused to turn over files for a wrongful-death case he had handled; a raid of his office didn't uncover the missing records.Video of Hurt Worker Shows How Surveillance Can Backfire
After a commuter railroad company decided not to show a videotape of a former employee using a walker, Robin Hairston's attorney used the tape to impeach a defense witness, and a New York judge found for the plaintiff in the job injury case. "Defendant was hoisted by its own petard in videotaping plaintiff," wrote the judge. With videotaping on the rise, defense attorneys nationally face similar hazards.Article 78 Applies to Firefighters
When it comes to being disciplined, New York City firefighters are no different than police officers, an appeals court in Manhattan has ruled. The New York Appellate Division, 1st Department, ruled 4-1 last week that firefighters punished for improper conduct cannot appeal their sentences to the Civil Service Commission. Like police officers, they must seek review through an Article 78 proceeding in state Supreme Court.TRENDING STORIES
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