Whitmore Bench is a six-attorney litigation and appellate firm. Trial work in the state and federal courts of New York. Appellate work, where the record will hold us.
The question is not whether the record contains any evidence supporting the district court’s finding, but whether the record contains evidence sufficient to support the finding under a clear-error standard properly applied. The trial court conflated — with respect — the two.
Plaintiff’s expert is offered to opine that defendant’s conduct “constituted negligence.” That is, on its face, a legal conclusion. The opinion may be offered as to causation, as to standard of practice, as to deviation — but not, on the present record, as to ultimate liability.
Respondent argues that the term “net proceeds” is ambiguous because two parties read it differently. With respect: a disagreement between parties does not make a contract ambiguous — it makes it disputed. Ambiguity is a question of law for the court, not of preference for the parties.
Civil rights, § 1983, motion to dismiss denied. Discovery proceeding.
Shareholder derivative action, motion to dismiss granted with prejudice.
Trust contest, three-day bench trial, judgment for petitioner. Appeal not pursued.
Commercial contract dispute, mediated settlement. Terms confidential.
Appeal from federal sentencing, remanded for reconsideration under amended guidelines.
Will contest, summary judgment granted in favor of executor. Appeal pending.
Twenty-two years on appellate briefs. Clerk, Second Circuit, 2003. Partner at Sullivan & Cromwell’s appellate group through 2014. Founded Whitmore Bench to take the cases the bigger firm wouldn’t.
Eighteen years in trial work. Federal prosecutor, EDNY, 2008–2014. Now defends complex commercial and civil-rights cases. Tries cases. Reads transcripts.
Tell us the matter, the deadline, and the names. We run a conflict check and respond within one business day — with a fee letter or a referral.