July 29, 2026 – Federal Judge Denies Law Firm’s Motion To Dismiss Legal Malpractice Case

Another inmate stayed the client while in was incarcerated in a federal jail. His original lawyer commenced a lawsuit against the US Government, but it was not timely, causing the client to settle for a very small amount. Thereafter, Mr. Rothstein filed a legal malpractice case against the law firm, which moved to dismiss alleging that the claim was speculative because the original case was not dismissed.  After reading the motion papers and hearing oral arguments, the Judge agreed with Mr. Rothstein that the law in New York did not preclude the lawsuit and denied the motion to dismiss.