Civil Procedure Professional Malpractice

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$6 Million Verdict for SOX Whistleblower Leads to Malpractice Suit Against Defense Counsel

Playboy Enterprises is suing its former defense counsel Sheppard Mullin after being hit with a $6 million jury verdict in a SOX whistleblower case, the highest jury award in a SOX case to date. In Zulfer v. Playboy...more

Maryland, My Maryland: Aldara Case Dismissed for Multiple Reasons

Today’s date is rich in literary history. It is the birthday of Vladimir Nabokov, one of two writers whose prose style makes us want to snap our Pilot Varsity pens in despair, so great is the gap between those authors'...more

Are You A “Professional” Under North Carolina Law: Why You Need To Know

Under the law, the definition of “professional” has broadened significantly over the past several decades as specialization in business and law increase. North Carolina courts have considered many factors in determining...more

Court Makes an Unsettling Inference to Find that the Statute of Limitations Bars Claims Arising from a 1997 Northridge Earthquake...

In Britton v. Girardi (No. B249232 – Filed 4/1/2015), the Second Appellate District upheld the trial court’s dismissal due to the statute of limitations based on an inference it drew from a letter attached to the complaint,...more

Part 2: Sienkiewicz v Salisbury Group Ltd – Insurers denial of indemnity upheld

In October 2013, James Baird posted an article following the Federal Court’s decision to join insurers to a proceeding issued by the applicants (trustees Mr and Mrs Sienkiewicz and AT Melville Pty Ltd) against their former...more

Serving Legal Documents On Time Can Be Tricky

Woodland Hills personal injury lawyer Barry P. Goldberg runs into litigation service deadlines on a regular basis. It can be confusing calculating when a legal document is considered “served” according to the Code of Civil...more

Long Tail Personal Injury Claims – Have the Gates Opened in Western Australia?

In September 2014, we reported on the argument before the Supreme Court of Western Australia Court of Appeal in an appeal against the decision of Dixon v Clarke [2013] WASC 471.  The Court of Appeal delivered its reasons for...more

NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does...more

Mediation Confidentiality Statute Bars Malpractice Claim Where Breach Allegedly Occurred During Mediation

In Amis v. Greenberg Traurig LLP (No. B248447 - filed March 18, 2015), Division Three of the Second District Court of Appeal held that a malpractice plaintiff cannot circumvent mediation confidentiality by advancing...more

Reinsurance Exclusion Bars Coverage For Bad Faith Lawsuit

A federal judge in North Carolina recently examined a reinsurance policy provision excluding loss “resulting from any claim for . . . any actual or alleged lack of good faith or unfair dealing in the handling of any claim or...more

Mediation Confidentiality Bars Malpractice Claim but for How Long?

The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig...more

Wiggin And Dana's Medical Malpractice Update

The Connecticut General Assembly is considering a bill that would toll the statute of limitations for a negligence action brought by a minor. Raised Bill No. 1028 would extend the statute of limitations for a minor until one...more

Concierge Practice Network Subject to Malpractice Liability

In Beber v. Metzger and MDVIP, along with other physician defendants, a Florida jury awarded $8.5 million in a malpractice claim, and found MDVIP, a national concierge physician network with over 800 physicians, partially...more

Legal Malpractice Claims Against Prosecuting Attorneys Belong in State Court - NeuroRepair, Inc. v. Nath Law Group

Addressing whether the federal district court had jurisdiction over state legal malpractice claims relating in part to the prosecution of patent applications, the U.S. Court of Appeals for the Federal Circuit held that the...more

In New York, when is a Nursing Home or Hospital liable for the malpractice of a doctor who treats one of its patients? -- Mduba...

In New York, some courts have held that “the person who avails himself of hospital facilities has a right to expect satisfactory treatment from any personnel who are furnished by the hospital.” Mduba v. Benedictine Hospital...more

Melissa Anderson v. Thomas Aul, 2015WI 19 25 (February 25, 2015)

In a significant decision the Wisconsin Supreme Court has held that claims-made-and-reported requirements in claims made policies should be enforced as written. An insured's failure to report a claim during the time required...more

Pennsylvania Federal Court Reiterates EMTALA’s Inapplicability to Transfers of “Admitted Patients”

On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd,...more

Illinois Supreme Court Holds Innocent Misrepresentation on Malpractice Renewal Grounds for Rescission

A law firm partner innocently repeats a misrepresentation by one of his or her partners on a renewal form for the firm’s malpractice insurance. Can the misrepresentation be grounds for completely rescinding the policy? On...more

Oncology Expert’s Opinion Based on Plaintiff’s Family History and Personal Experience Properly Admitted in Wrongful Death Action

In Uriell v. Regents of UC (Filed 1/29/2015, Published 2/20/2015, No. D064098) the California Court of Appeal, Fourth Appellate District, held the testimony of an Oncology expert testifying in a wrongful death action was...more

No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more

Illinois Supreme Court Agrees to Decide Fiduciary Duty Claim Against Former Counsel

In a few weeks’ time over at Appellate Strategist’s sister blog, the Illinois Supreme Court Review, we’ll address the question of just how rare it is to get an unpublished decision – what we in Illinois call a Rule 23 order –...more

Professional Liability Alert: Joint Client Can't Claim Privilege For Communications With Attorney Sued By Another Joint Client

In Anten v. Superior Court (No. B258437 – Filed 1/30/2015), the Second Appellate District held that when joint clients do not sue each other, but one of them sues their former attorney, the nonsuing client cannot prevent the...more

Ontario Court of Appeal Clarifies Parameters of Communications with Expert Witnesses

The Court of Appeal for Ontario’s January 29, 2015 decision in Moore v. Getahun (Moore) has confirmed that there is nothing improper in counsel reviewing a draft report with an expert witness, and that draft expert reports...more

Does Med Mal Statute of Limitations Apply to Indemnification Claims?

Last week the South Carolina Supreme Court issued an opinion addressing the issue whether an indemnification claim is subject to that state’s medical malpractice statute of limitations, when the claim is for recovery of a...more

New York Court Holds Insurance Law § 3420 Inapplicable to Professional Liability Policy

In its recent decision in XL Specialty Ins. Co. v. Lakian, 2015 U.S. Dist. LEXIS 8147 (S.D.N.Y. Jan 15, 2015), the United States District Court for the Southern District of New York had occasion to consider the application of...more

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