Attorney Edward Fagan, much publicized for his role in Holocaust and other reparations controversies, “is facing a $3.2 million legal malpractice judgment for suing the wrong party in a personal injury case and failing to oppose its dismissal.” Former client Allen C. Tavel sued Fagan, saying he had neglected a product liability case against Honda Motor Corp. and the manufacturer of a seat belt that allegedly failed over an accident in which Tavel was seriously injured. “Fagan did not contest Tavel’s malpractice suit, which resulted in a default judgment. In May, Justice Shirley Kornreich of Manhattan Supreme Court awarded Tavel $1.2 million for his economic losses and $2 million for pain and suffering.” (Anthony Lin, “Personal Injury Client Wins Malpractice Award Against Holocaust Victims’ Lawyer”, New York Law Journal, Aug. 12). Fagan has been the subject of extensive coverage on this site, including Jun. 24-25, 2002; Apr. 2 of this year and links from there. More: Feb. 5, 2005.
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rainy day indeed
“taxi gray small” rain stopped her silk blouse on the chair
“Bad ideas don’t travel”
In yesterday’s Wall Street Journal (sub – $), historian John Steele Gordon observes that two of the salient features of the American litigation system — the rule that each side bears its own costs, and the popular election of judges…