Civil Procedure Professional Malpractice

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Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

Summary Judgment In Favor Of Broker In Malpractice Case Reversed, Where Special Relationship With Insured May Have Existed

In a case involving alleged broker malpractice with respect to certain underinsured business interruption losses under a commercial property insurance policy, the New York high court reversed a lower appellate court’s...more

Part 2: Local Counsel: Duties to the Court

When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the local counsel may have additional duties that flow from Rules of Civil Procedure or Local Rules that govern lead...more

District Court Declines To Consolidate Disputes Arising Out Of Two Reinsurance Contracts

Plaintiff Georgia Casualty & Surety Company entered into two reinsurance contracts with Defendant Excalibur Reinsurance Corporation, formerly known as PMA Capital Insurance Company. Both reinsurance contracts contained...more

Illinois Court Holds Services Performed By Sub for Parent Comes Within E&O Policy

In its recent decision in Hilco Trading LLC v. Liberty Surplus Ins. Co., 2014 Ill. App. LEXIS (Ill. 1s Mar. 17, 2014), the Appellate Court of Illinois for had occasion to consider whether appraisals and evaluations prepared...more

Illinois Supreme Court Defines "Good Samaritan" in Medical Malpractice Case

Nearly every state has some variation on a "Good Samaritan" law. In Illinois, the statute says that any licensed medical professional "who, in good faith, provides emergency care without fee to a person, shall not, as a...more

Health Care Case Law Update

Health Care Authority for Baptist Health v. Davis, --- So. 3d. ----, 2013 WL 2149493 (Ala. Feb. 28, 2014). - The Supreme Court of Alabama reversed itself on re-hearing of its May 2013 opinion to affirm a judgment for a...more

Moss v Eagleston [2014] NSWSC 6

In Moss v Eagleston [2014] Mr Moss supplied information to Nationwide News Pty Ltd about his criminal background and association with Shapelle Corby. Mr Moss then sued Nationwide News, alleging they had breached a contractual...more

Appellate Court Notes: Week of March 10

SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

In K2 Investment, NY high court reverses itself, confirms well-established case law

The New York Court of Appeals, in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company, 2014 WL 590662 (N.Y.), 2014 N.Y. Slip Op. 01102 (N.Y. Feb. 18, 2014), has vacated its own prior decision,...more

Illinois Supreme Court Handing Down Bartlow and Evanston Insurance on Friday Morning

The Illinois Supreme Court has announced that it will file opinions in two civil cases on Friday morning at 10 a.m. The cases and issues presented are...more

New York’s Highest Court Rappels Down From Possible Major Shift in Insurance Law in K2 Decision

Today, the New York Court of Appeals elected to adhere to precedent in holding that an insurer is indeed allowed to rely on its policy exclusions when faced with a request for indemnity, even if the insurer was not correct in...more

Potential Liability for Wrongful-Birth Claims

On Nov. 14, 2012, in Sernovitz v. Dershaw, 2012 Pa. Super. 248 (Pa. Super. Ct. 2012), the Pennsylvania Superior Court held that 42 Pa.S.C.A. § 8305, which prohibited the tort claims of wrongful birth and wrongful life, was...more

Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors

In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW...more

Medical Malpractice Liability: Kazakhstan Law and Practice

Liability for medical malpractice in Kazakhstan remains poorly regulated. The Kazakhstan healthcare system has recently undergone a crucial transformation, with pending reforms designed to improve the quality of...more

Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S....more

Florida Appellate Court Construes Term "Legal Relationship" in Med-Mal Presuit Screening Rule

On January 3, 2014, Florida’s Second District Court of Appeal held, in a case of first impression, that a medical malpractice plaintiff’s direct notice to a medical provider of its intent to sue would also operate as notice...more

Washington Supreme Court Limits Attorney-Client Communications with Employed Health Care Practitioners

Last week's decision by the Washington Supreme Court in Youngs v. PeaceHealth has significant implications for health care providers that employ physicians (or other health care practitioners) and the attorneys who represent...more

First Circuit Unable To Release Unsuspecting Victim Snared In Jurisdictional Trap

I would put the odds of a first-year law student getting through the first week of law school without hearing the phrase “trap for the unwary” at something south of 0%. Today’s post involves a decision highlighting a statute...more

Don't Rely On Your Expert's Speculation To Save You From Summary Judgment

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker. He rejected the evidentiary value of an expert's report stating that...more

IP: Hidden Traps: Introduction to Subject Matter Conflicts in Patent Prosecution

Clearly, client-driven litigation and malpractice complaints against patent practitioners are not decreasing any time soon. During the investigation surrounding the suit or complaint, the actions or inactions of the patent...more

Appellate Court Notes - Week of December 20

SC18845 - Milliun v. New Milford Hospital - A medical malpractice case with some general principals of law: Patient went into respiratory failure in a CT hospital which allegedly resulted in a brain injury. Patient was...more

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner...more

Advocate’s Immunity Again

We recently reported on the New South Wales Supreme Court’s decision in Attwells v Jackson Lalic [2013] NSWSC 1510 in which the Court declined to strike out a claim against a solicitor on the grounds of immunity from suit....more

Insurance Recovery Law -- Dec 11, 2013

FEMA Clarifies Time Extension for Victims of Sandy - Why it matters: Given the unprecedented meteorological event known colloquially as “Superstorm Sandy,” the Federal Emergency Management Agency granted multiple...more

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