Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Honorarios de abogado y recurso directo de revisión, artículo 454.bis LEC

by María Luján López on 5/16/2012

Publicado en VLex 16/05/2012 El motivo de este trabajo, es expresar y fundamentar acabadamente el parecer contrario, haciéndonos eco,nada menos, que de la voz de autoridad de la Sala de lo Civil del TS, en distintas...more

Is it Time for Federal Courts to Stop Exercising Jurisdiction Over Patent Legal Malpractice Claims?

by Lane Powell PC - Intellectual Property Law &... on 4/25/2012

During past month when many patent practitioners may have been distracted by the “laws of nature” meaning of the Mayo v. Prometheus decision, the Court of Appeals for the Federal Circuit issued four precedential rulings...more

Case Study in Nevada: The Allegedly Unsafe Medical Provider and ERISA Preemption

by Sedgwick LLP on 4/18/2012

In Cervantes v. Health Plan of Nevada, 263 P.3d 261 (Nov. 2011), the plaintiff commenced an action against a managed care organization (MCO) alleging it violated Nevada's quality assurance laws and regulations when MCO...more

Federal Courts Have Jurisdiction Over Malpractice Claims That Relate to Patent Law

by Patton Boggs LLP on 4/10/2012

The full Court of Appeals for the Federal Circuit has confirmed that where the outcome of a legal malpractice case turns on federal patent law, federal jurisdiction exists. Even though a claim arises under state law, it may...more

“The application of ‘proportionality’ has not reduced costs.” Discuss.

by David Hill on 4/10/2012

Short Essay describing the application of the concept of 'proportionality' in the English Legal Costs System. The essay outlines the areas where the concept has reduced legal costs, and where it has not....more

High Burden of Proof in New Mexico Birth Injury Lawsuits

by Collins & Collins, P.C. on 4/9/2012

Injuries sustained by an infant during the labor and delivery process can lead to a lifetime of special needs and care. The services and supplies needed to bring some sort of normalcy to the injured child can quickly deplete...more

Three States’ Supreme Courts Take on Malpractice Caps

by Lawyers.com on 4/5/2012

The medical professionals who let a Florida mother bleed to death after giving birth, as well as those whose negligence led to disabling brain injuries in a Missouri boy, could learn that their errors will cost them much more...more

The Perils of Patent Prosecution Delegation: A Cautionary Tale

by Lane Powell PC - Intellectual Property Law &... on 3/27/2012

What happens when a start-up company (Protostorm) retains a sole practitioner to prepare provisional patent applications, another solo lawyer to prepare the corresponding U.S. non-provisional application, and yet another firm...more

Plaintiff’s Medical-Malpractice Claim Is Not Limited By His Estimation Of Its Value During Bankruptcy

by Warner Norcross & Judd - Appellate Practice... on 3/26/2012

In Szyszlo v Akowitz, No. 299570, the Court of Appeals concluded that at the time plaintiff filed his medical-malpractice suit, he was a real party in interest, even though he filed bankruptcy between the accrual of his claim...more

MSC Order List: March 21, 2012

by Warner Norcross & Judd - Appellate Practice... on 3/23/2012

The Michigan Supreme Court reversed the Court of Appeals in Morgan v. General Motors and reinstated the decision of the Workers’ Compensation Appellate Commission, reasoning that the Commission was correct when it held that...more

How To Avoid Legal Scams

by Lawyers.com on 3/20/2012

Too often, looking for a lawyer means you are experiencing a troubled period in your life — a divorce, a criminal case, an action against a doctor who committed malpractice. In such times, your attorney is your closest ally,...more

Carrier Not Vicariously Liable to Insured for Subrogation Attorney's Misrepresentations

by Sedgwick LLP on 3/16/2012

In Sandman v. Quincy Mut. Fire Ins. Co., 2012 WL 181761 (Mass. App. Ct. Jan. 25, 2012), the Appeals Court of Massachusetts affirmed the trial court's grant of Quincy Mutual Fire Insurance Co.'s motion to dismiss for failure...more

Court Affirms Dismissal Of Medical-Malpractice Claim For Failure To File Adequate Affidavit Of Merit

by Warner Norcross & Judd - Appellate Practice... on 3/12/2012

In Hoffman v Barrett, No. 289011, decedent’s estate and personal representative brought a malpractice claim against defendant-physician for providing negligent emergency-room treatment. The trial court dismissed the...more

Brain Damage and Immediate Cord Clamping

by Collins & Collins, P.C. on 3/9/2012

In birth injury cases, a lack of oxygen is the most common cause of damage to an infant's brain. Oxygen deprivation can come in the form of asphyxia, a blockage to the airways, or hypoxia, a blockage of oxygen-rich blood to...more

Illinois Court on Proving Liability for Medical Malpractice

by Howard Ankin on 2/28/2012

Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which...more

Home

Legal News

Find a Lawyer

Browse Subjects

Law Feeds

Pro Services

Civil Procedure – May 23, 2012

Narrowed by: Professional Malpractice