Andrew Rubin, Esq.

August 2013 Archives

New Jersey legal malpractice: Attorney/author accused of fraud

New Jersey residents may have heard that on Aug. 29, 2013, lawyer turned author Kathleen Niew was taken into custody at her office. The attorney, who also hosts a financial planning radio show, has been charged by the federal government with multiple counts of wire fraud. At her arraignment, she entered a plea of not guilty and was later released after posting bail.

Third Circuit orders judge's recusal in civil litigation case

An appeal can be used to challenge a lower court judge's refusal to recuse himself from a case. The reported case involves a civil litigation matter regarding a claim of wrongful termination. The former CFO of a convention center sued the organization claiming that she was fired in retaliation for raising concerns about spending. This is a case filed in a federal district court in a neighboring state but in the same federal circuit as the New Jersey federal court.

Man claims filing deadlines missed in legal malpractice case

The first thing to understand about a malpractice claim based on a lawyer failing to file a lawsuit on time is that failing to file will only count if the case missed was a worthwhile one that would have been victorious if filed. In New Jersey as well as elsewhere, it's not legal malpractice to fail to file a case that has no legal merit and would have been dismissed in any event. Thus, in the legal malpractice case dealing with a missed filing deadline, the client will have to prove that his case had legal merit.

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