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15 Nov 2017, 4:09 am by Andrew Lavoott Bluestone
  In general, a good legal malpractice case cannot be based upon an “error in judgment” or a “strategic trial decision. [read post]
14 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
  A Judiciary Law § 487 claim seeks damages because of attorney deceit, which generally must happen in a litigation setting. [read post]
14 Nov 2017, 2:27 am by Graham Smith
  As the Australian Electronic Commerce Expert Group stated in its 1998 Report to the Attorney-General[2]:“There is always the temptation, in dealing with the law as it relates to unfamiliar and new technologies to set the standards required of a new technology higher than those which currently apply to paper and to overlook the weaknesses that we know to inhere in the familiar. [read post]
14 Nov 2017, 2:27 am by Graham Smith
  As the Australian Electronic Commerce Expert Group stated in its 1998 Report to the Attorney-General[2]:“There is always the temptation, in dealing with the law as it relates to unfamiliar and new technologies to set the standards required of a new technology higher than those which currently apply to paper and to overlook the weaknesses that we know to inhere in the familiar. [read post]
13 Nov 2017, 9:12 am by Lorelie S. Masters
  For example, the New York Insurance Law specifically provides that evidence relating to other “similarly situated” policyholders is relevant to the issue of the materiality of an alleged misrepresentation in the policy application.5 As exemplified by the New York Court of Appeals in Belt Painting v. [read post]
13 Nov 2017, 9:12 am by Lorelie S. Masters and Paul T. Moura
  For example, the New York Insurance Law specifically provides that evidence relating to other “similarly situated” policyholders is relevant to the issue of the materiality of an alleged misrepresentation in the policy application.5 As exemplified by the New York Court of Appeals in Belt Painting v. [read post]
13 Nov 2017, 4:14 am by Andrew Lavoott Bluestone
Conceding the general principle that a law firm may have an obligation to investigate insurance coverage (see Shaya B. [read post]
12 Nov 2017, 11:00 pm by Kevin LaCroix
In the following guest post, attorneys from the Paul Weiss law firm review a recent Second Circuit decision on this issue, Waggoner v. [read post]
12 Nov 2017, 5:51 am by Gritsforbreakfast
A recent Texas case denied an attorney on the same basis.Risk assessments have come under fire from liberals for generating racial disparities. [read post]
10 Nov 2017, 1:03 pm by Kate Fort
Law 360, New Indian Child Welfare Act Challenges On The Horizon The Texas v. [read post]
10 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
For the majority:  “A legal malpractice claim requires that the plaintiff show that “the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession which results in actual damages to a plaintiff, and that the plaintiff would have succeeded on the merits of the underlying action ‘but for’ the attorney’s negligence” (AmBase Corp. v Davis Polk & Wardwell,… [read post]