Appeals Court Reverses Jury Verdict and Dismisses Claim Against Friedman Kaplan Clients

Following a jury trial and the denial of a motion for judgment notwithstanding the verdict, the Appellate Division, First Department issued a decision reversing a $10.5 million malpractice judgment that had been entered against a law firm and one of its former attorneys, both clients of Friedman Kaplan. The Appellate Division directed entry of judgment dismissing all claims.

The judgment turned on the trial court's decision that, after a comprehensive arbitration, the parties to an arbitration can agree between themselves that the arbitrators' award will have no collateral estoppel effect, and therefore that a third party cannot not assert collateral estoppel as a defense to a claim brought against it by one of the parties. The jury found that, if Friedman Kaplan's clients had advised plaintiff, one of the parties to the arbitration, that such an agreement could have been effective, plaintiff would have made such an agreement with his adversary. Had that been done, the jury found, the plaintiff would have been successful in a suit he had brought against a third party. That suit was dismissed on collateral estoppel grounds based on the factual findings of the arbitrators.

While the Appellate Division justices were not unanimous in their view of every issue, they were unanimous in holding that, as Friedman Kaplan had argued, an agreement created after a full and fair arbitration that purports to limit the right of a third party to assert collateral estoppel is unenforceable as a matter of law and policy. Because such an agreement would not have been enforced, the lawyers' failure to advise plaintiff otherwise could not be malpractice, mandating reversal of the judgment and dismissal of the claim.

Friedman Kaplan attorneys Edward A. Friedman, Robert D. Kaplan, Steven E. Frankel, and Jennifer P. Krakowsky represented the defendants.

Attorneys

Friedman Kaplan Seiler Adelman & Robbins LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek