Ethics

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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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In a recent decision, Perry v. The Lighting Group, LLC, No. 154923/2018, 2021 WL 4553666 (N.Y. Sup Ct, New York County Oct. 01, 2021) – a sex discrimination case – the court discussed the so-called “Standards of Civility” for New York attorneys. Here, the dispute arose – as is typical – in the discovery phase…

Read More Standards of Civility Discussed, Applied in Sex Discrimination Case
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The evil of discrimination based on impermissible characteristics pervades many aspects of society (including employment, housing, and public accommodations) and exists in all, or nearly all, industry sectors. Here I will discuss how it arises in connection with the practice of law.[1]I will not discuss gender discrimination arising in the course of an attorney’s employment.…

Read More Gender Discrimination in the Legal Profession
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“‘You’re an asshole[]’ is not how an attorney should address her adversary.” That is the opening line of federal judge James C. Francis IV’s Order in Alexander Interactive v. Adorama, 12-6608, 2014 WL 2968528 (SDNY June 26, 2014). This decision serves as a reminder to attorneys to conduct themselves in a civil manner. This case arises…

Read More Don’t Call Your Adversary an Asshole, Federal Court Warns
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A trial court recently denied the motions by Bob’s Discount Furniture and Costco Wholesale Corporation to dismiss claims arising from Marion Hedges being struck by a shopping cart dropped from the fourth floor of the East River Plaza shopping complex (pictured). The complaint in Hedges v. East River Plaza LLC is here, my earlier post on…

Read More Marion Hedges’ Lawsuit Arising From Dropped Shopping Cart Survives Summary Judgment
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You’ve got a good – make that great – personal injury case. Liability is a lock: It is undisputed that, while lawfully in a crosswalk with the light in her favor, your client was struck by an EvilCorp. delivery truck after its intoxicated driver (while making work-related deliveries) ran a red light. Damages are potentially…

Read More Advising Clients Regarding Social Media Postings
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Soon-to-be-former attorney Scott Alan Stern was recently disciplined for engaging in shocking conduct, even by attorney standards. Most attorney discipline cases involve misappropriation (i.e., “stealing”) of client funds and engaging in some kind of fraud on the court. This one, however, is a bit different.  The facts, according to the opinion in Matter of Scott…

Read More Attorney Suspended Indefinitely For Threatening Judge
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