Jeffrey A. Jannuzzo, Esq.

News

A. Judge Rejects Dismissal Motion in Patent Law Malpractice Case Againt Greenberg Traurig

On March 31, 2010, Judge George B. Daniels rejected Greenberg Traurig's attempt to escape, on statute of limitations grounds, a patent law malpractice action brought by its long-time former client Leviton Mgf. Co. Discovery is now proceeding. 3/31/2010 Transcript. Complaint.

B. Arbitrator Assesses Full Amount Of Mr. Jannuzzo's Legal Fees Against Opposing Party:

On January 29, 2010, the arbitrator in an American Arbitration Association Proceeding assessed the opposing party with the full amount of Mr. Jannuzzo's legal fees. This was the third consecutive AAA proceeding in which the opposing party was ordered to pay the full amount applied for. In addition, the arbitrator awarded a 25% premium, stating: "The fact that Claimant's counsel spared no effort for his client on the basis of a contingent fee arrangement in a staunchly defended case warrants the award of a reasonable premium over counsel's recorded hours." Read the redacted award.

C. Reversal in Copyright Malpractice Case:

On June 18, the Appellate Division, First Department, unanimously reversed a lower court decision, and ruled that a valid claim for legal malpractice had been stated against the intellectual property firm Pryor Cashman LLP. Mr. Jannuzzo had sued Pryor Cashman on behalf of an independent classical music company, Naxos, for giving "copyright clearance" for very old classical recordings from the 1920s and 1930s, which were in fact protected by state common law copyright. Read the decision, and the Complaint. The case was reported in the New York Law Journal on June 19, 2009.

D. Jury Verdict in Hedge Fund Case:

After a nearly three-week trial, on May 28, a jury rendered verdict on liability in favor of plaintiff in Melcher v. Apollo Medical Fund Management LLC and Brandon Fradd, rejecting Brandon Fradd's assertion that there was an "oral amendment" to the parties written contract. Damages are to be assessed in a subsequent trial.

On August 31, 2009, the trial judge issued a decision which stated as follows regarding defendant Brandon Fradd: "The jury verdict found that Fradd had breached his fiduciary duty by diverting fees and investors to Apollo Offshore. It further found that Fradd's sworn assertion there was an "oral modification" was false, and that Fradd's sworn assertion that Mr. Melcher had waived his rights by not objecting was false." 8/31/2009 Decision.