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19 Mar 2021, 3:15 am by Andrew Lavoott Bluestone
“This doctrine applies where there is continuing trust and confidence in the relationship between the parties and the attorney’s continuing representation pertains to the specific matter in which the attorney committed the [*3]alleged malpractice, not merely the continuity of a general professional relationship” (Deep v Boies, 53 AD3d 948, 950 [2008] [internal quotation marks and citations omitted]; see McCoy v Feinman, 99 NY2d at… [read post]
3 Mar 2021, 3:43 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, quoting McCoy v Feinman, 99… [read post]
23 Feb 2021, 7:49 am by Evidence ProfBlogger
Yesterday, the United States Supreme Court issued a summary disposition in McCoy v. [read post]
5 Feb 2021, 3:07 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, quoting McCoy v Feinman, 99… [read post]
17 Jan 2021, 4:11 pm by INFORRM
Surveillance Reuters had a piece “HK security chief says communications surveillance can come under security law” Newspapers Journalism and Regulation IPSO has published a number of rulings and resolutions statements since our last Round Up: 27974-20 Garrity v Scotsman.com, 1 Accuracy (2019), Resolved – IPSO mediation. 12131-20 Emmett v Daily Mirror, 2 Privacy (2019), 6 Children (2019, No breach – after investigation. 11860-20 Bunglawala v… [read post]
14 Dec 2020, 3:33 am by Franklin C. McRoberts
The appeals court, quoting McCoy v Feinman, 99 NY2d 295 [2002], listed seven potential legal grounds to vacate a stipulation: fraud; collusion; mistake; duress; unconscionability; public policy; and ambiguity The Court ruled: Here, petitioner contends that the stipulated order should be vacated on grounds of fraud, unilateral mistake and unconscionability. [read post]
9 Dec 2020, 6:15 am by Robert Chesney, Steve Vladeck
We take note of the veto threat, and offer thoughts on selected issues in the bill including the GMTO and military commission-related provisions (or, in the latter case, the absence of one such provision), as well as the proposed National Cybersecurity Director Plus, inevitably, a review of the latest episode of The Mandalorian, and appreciation for the New York Colt McCoys (Giants)! [read post]
2 Dec 2020, 6:29 am by James Romoser
Earlier this year, the court decided in Ramos v. [read post]