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28 Sep 2022, 2:06 am
” “”In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney ‘failed to exercise the ordinary :reasonable skill and knowledge commonly possessed by a member of the legal profession’ and that the attorney’s breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages'” (Rudolf Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438,442 [2007], quoting McCoy v Feinman,… [read post]
1 Dec 2017, 3:32 am
Had Garcia Zarate had any gun convictions in his prior criminal history, it might have been relevant to disprove his defense of unfamiliarity with the Sig Sauer that, the defense argued, accidentally discharged and killed Steinle. [read post]
30 Oct 2023, 5:01 am
“To state a cause of action alleging legal malpractice, a plaintiff must allege that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (Rudolf v Shayne, Dachs, Stanisci, Corker, & Sauer, 8 N.Y.3d 438 [2007]; Philip S. [read post]
30 Dec 2008, 2:32 am
In any event, even assuming that plaintiff could recover based upon the $90,000 judgment entered against the corporation, he failed to demonstrate that the corporation would have prevailed or that the amount of the judgment would have been lower "but for" the failure to submit an appraisal report in the underlying action (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434-436… [read post]
29 Jul 2022, 4:10 am
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; Garcia v Polsky, Shouldice & Rosen, P.C., 161 AD3d 828, 830). [read post]
18 Jun 2018, 4:28 am
Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443). [read post]
29 May 2008, 10:14 am
Sauer v. [read post]
26 Aug 2010, 7:42 am
“This has put Eastport on the world map,” said Chris Sauer, president and CEO of ORPC. [read post]
22 Dec 2011, 3:10 am
Corker & Sauer, 8 NY3d 438 442 (2007); Cummings v Donovan, 36 AD3d 648 (2 Dept 2007). [read post]
17 Oct 2017, 4:01 am
To recover damages for legal malpractice, a plaintiff must establish, first, that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and, second, that the defendant’s failure was a proximate cause of the plaintiff’s damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Atiencia v Pinczewski, 148 AD3d 860 [2017]). [read post]
23 Oct 2017, 4:11 am
” In an op-ed for The Hill, Charles Sauer looks at Oil States Energy Services v. [read post]
26 Jan 2010, 3:22 am
Compensatory damages are generally awarded where a plaintiff can demonstrate that he or she suffered any actual damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 31 AD3d 418, 818 NYS2d 153 [2d Dept 2006]). [read post]
16 Jul 2010, 3:34 am
In order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442). [read post]
15 Jun 2018, 4:42 am
“Damages in a legal malpractice case . . . may include litigation expenses incurred in an attempt to avoid, minimize, or reduce the damage caused by the attorney’s wrongful conduct” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [internal quotation marks omitted]). [read post]
1 Jun 2012, 3:30 am
In order to recover damages in a legal malpractice action, a plaintiff must establish "that the attorney 'failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession' and that the attorney's breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages" (Rudolf v Shayne, [*3]Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99 NY2d 295, 301… [read post]
8 Jun 2020, 5:55 am
To succeed on a legal malpractice claim, a plaintiff must demonstrate “(1) that the attorney was negligent; (2) that such negligence was a proximate cause of plaintiff’s losses; and (3) proof of actual damages” (Global Business Inst. v Rivkin Radler LLP, 101 AD3d 651, 651 [1st Dept 2012]; see also, Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]). [read post]
2 Oct 2018, 4:14 am
” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007] (quotations omitted).) [read post]
29 Apr 2010, 1:52 am
Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 (2007)] Or in the case of a defendant, would not have suffered the damages he did. [read post]
26 Jun 2019, 4:14 am
To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Corker & Sauer, 8 NY3d 438, 442, 835 NYS2d 534 [2007] [internal quotations and citations omitted]). [read post]
18 Mar 2024, 11:05 am
His parents were soon charged after it was discovered that they had bought their son a Sig Sauer gun prior to the shooting. [read post]
