NEW YORK (Legal Newsline) - An unsatisfied customer is suing New York sexual abuse lawyer Jeff Herman for legal malpractice, claiming a filing mistake cost him $10 million.
David Miller filed his lawsuit in New York County Supreme Court on Feb. 1 against Herman, whose firm specializes in sexual abuse cases. Herman represented Miller in litigation against The Stony Brook School last year in Suffolk County, until Judge Steven Jaeger dismissed it on Dec. 1.
Herman instituted proceedings on June 10 but no complaint was filed. The defendant filed a demand for complaint on June 23, but Miller's complaint wasn't submitted until August.
The Stony Brook School moved to dismiss the complaint for failure to be submitted within 20 days of its demand and was successful.
"Plaintiff argues that the reason for his delay in serving the complaint on Defendant was his pending motion seeking leave to proceed anonymously with this action," Jaeger wrote. "Plaintiff argues that his 'extremely brief delay' in serving and filing his complaint while his motion to proceed anonymously was pending is an excusable filing irregularity... and that Defendant has not been prejudiced by the late serving and filing of the complaint.
"Plaintiff's argument is unavailing."
Herman is appealing that ruling and must now face Miller's lawsuit at the same time. It seeks at least $10 million and was filed by Bruce Ressler of Ressler & Ressler.
Herman's highlights in the courtroom include a $100 million verdict for the victim of sexual abuse by a Miami priest.