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22 May 2020, 5:35 pm
  The defendant indisputably still gets to control whether he pleads guilty and/or have his counsel admit the offense at trial.)So, yes, the Court of Appeal is right that "this is not a case like McCoy where the defendant emphatically insisted he was innocent and consistently told his attorney to argue such at trial. [read post]
10 Feb 2020, 4:36 am by Andrew Lavoott Bluestone
“A cause of action to recover damages for legal malpractice accrues when the malpractice is committed, not when it is discovered” (Alizio v Ruskin Moscou Faltischek, P.C., 126 AD3d at 735; see McCoy v Feinman, 99 NY2d at 301; Quinn v McCabe, Collins, McGeough & Fowler, LLP, 138 AD3d at 1086; Farage v Ehrenberg, 124 AD3d at 164; Landow v Snow Becker Krauss, P.C., 111 AD3d at 796). [read post]
8 Jan 2020, 4:42 am by Andrew Lavoott Bluestone
“A cause of action to recover damages for legal malpractice accrues when the malpractice is committed, not when it is discovered” (Alizio v Ruskin Moscou Faltischek, P.C., 126 AD3d at 735; see McCoy v Feinman, 99 NY2d at 301; Quinn v McCabe, Collins, McGeough & Fowler, LLP, 138 AD3d at 1086; Farage v Ehrenberg, 124 AD3d at 164; Landow v Snow Becker Krauss, P.C., 111 AD3d at 796). [read post]
26 Nov 2019, 7:46 am by Bonnie Shucha
., Univ. of Wisconsin Legal Studies Research Paper No. 1492 The Role of Dissents in the Formation of Precedent 14 DUKE JOURNAL OF CONSTITUTIONAL LAW & PUBLIC POLICY 285 (2019), Univ. of Wisconsin Legal Studies Research Paper No. 1493 Allocating Authority between Lawyers and Their Clients after McCoy v. [read post]
20 Nov 2019, 4:27 am by Andrew Lavoott Bluestone
“”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 v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v… [read post]
11 Nov 2019, 1:18 pm by Bonnie Shucha
.: A Preliminary Assessment by Kathryn Hendley, University of Wisconsin-Madison Law School, University of Wisconsin – Madison – Department of Political Science and Alexander Straka Elements of Judicial Style: A Quantitative Guide to Neil Gorsuch’s Opinion Writing by Nina Varsava, University of Wisconsin-Madison Allocating Authority between Lawyers and Their Clients after McCoy v. [read post]
11 Nov 2019, 6:16 am by Matthew L.M. Fletcher
Here are the briefs: opening-brief.pdf answer-brief.pdf cskt-brief.pdf reply-brief.pdf amicus-brief.pdf Oral argument video here: [read post]
5 Nov 2019, 4:11 am by Andrew Lavoott Bluestone
A plaintiff seeking to recover damages for legal malpractice must prove 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 McCoy v Feinman, 99 NY2d 295, 301-302 [2002]; Biberaj v Acocella, 120 AD3d 1285, 1286 [2014]). [read post]
21 Oct 2019, 6:00 am by Brian Gallini
In its well-known decision of Illinois v. [read post]