INTRODUCTION
Respondent Thomas R.
Moore ("Moore") submits this
Opposition Brief to the Petition for a Writ of Certiorari filed
by Petitioners Ralph H. Speken, M.D. and Stephanie Z.
Speken, M.S. ("Petitioners"). Petitioners claim that this Court
should review the dismissal of their New York State legal
malpractice complaint because the courts of the State of New
York refused to hear their constitutional arguments. To the
contrary, Petitioners’ arguments were heard over and over
again and the courts of the State of New York dismissed their
complaint because their claims had already been heard and
decided on numerous occasions. This petition presents
nothing more than another attempt by Petitioners to continue
their meritless action after the courts of the State of New
York have continually dismissed their lawsuits.
In short, in this legal malpractice action, Petitioners
alleged that Moore, who represented them in an
underlying medical malpractice/wrongful death action,
coerced Petitioners into settling the case. The issue of the
voluntariness of the settlement, however, had already been
litigated twice and, the instant action, which sought to raise
those same issues, was properly dismissed. On this petition
for a writ of certiorari, Petitioners merely rehash their
argument raised at the New York State Courts and re-label it
as an alleged constitutional violation and have otherwise
failed to demonstrate how the issue warrants review by this
Court. Accordingly, for the reasons that will be discussed
more fully below, the instant petition for a writ of certiorari
should be denied.
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