Civil Procedure, Professional Malpractice

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

by Pavlack Law, LLC on 5/9/2013

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

Dismissal for Fraud on the Court Not Available to Resolve Jury Questions – Herman v. Silver

by Jason H. Baruch | Trenam Kemker on 5/7/2013

In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s...more

Novel “Bad Faith Admission” EMTALA Theory Survives Motion to Dismiss

by Darby C. Allen, Melissa Brown, Robert Wolin | BakerHostetler on 5/3/2013

The U.S. District Court for the Northern District of California recently denied Contra Costa Regional Medical Center’s (CCRMC) motion to dismiss regarding an alleged violation of the Emergency Medical Treatment and Labor Act...more

Effective Use of Experts

by Tyler Kaczmarczyk, Peter Kryworuk | Lerners LLP on 5/2/2013

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

Supreme Court Of Ohio Protects Physician’s Statement Of Comfort Under Apology Statute

by Tyler N. Williams | Dinsmore & Shohl LLP on 4/30/2013

On April 23, 2013, the Supreme Court of Ohio reversed the decision of the Eleventh District Court of Appeals and applied Ohio Revised Code 2317.43, commonly referred to as the Apology Statute, to exclude a physician’s post...more

Illinois Supreme Court to Hear Five Civil Cases In May

by Kirk Jenkins | Sedgwick LLP on 4/26/2013

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Seventh Circuit Decision in Koransky Bouwer Enforces Professional Liability Reporting Requirements

by Abby Sher | Cozen O'Connor on 4/24/2013

Earlier this month, the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made...more

What Time Limits Apply To Medical Malpractice Lawsuits?

by Law Office of Dean Standish Perkins and... on 4/15/2013

If you suspect medical malpractice, taking prompt legal action is important because if you do not meet the deadline (statute of limitations) to file a lawsuit, you lose your right to sue. It is wise to consult medical...more

I Wanna Go Fast! Expedited Actions Under the New Texas Rules of Civil Procedure

by Bradley A. Monk | Sedgwick LLP on 4/12/2013

Sometimes life is best explained by a Will Ferrell character. As an example, the eloquent Ricky Bobby says it best: “I wanna go fast!” Effective March 1, 2013, the Texas Supreme Court introduced changes to the Texas Rules of...more

When "Peer Review" Has Ulterior Motives

by Patrick Malone & Associates P.C. | DC Injury... on 4/4/2013

A federal judge this week upheld a jury verdict against the American Academy of Orthopedic Surgeons, finding sufficient evidence for the jury's decision that the AAOS acted with "reckless disregard for the truth" in...more

Appellate Notes: Week of April 1, 2013

by Edward McCreery III | Pullman & Comley, LLC on 4/3/2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

Law Firm with Inaccurate Billing Records Receives Nothing for Its Efforts

by Barry P. Goldberg, A Professional Law... on 3/14/2013

Woodland Hills Attorney Barry P. Goldberg warns his colleagues to have believable and accurate time records or risk receiving no compensation whatsoever from a reviewing court. Since the California Court of Appeal did not...more

Perils of Ambiguity in Rule 68 Offer of Judgment

by Pavlack Law, LLC on 3/11/2013

Through the recent employment law 7th Cir. decision in Sanches v. Prudential Pizza, Inc. we examine the danger of failing to be sufficiently specific and clear in a Rule 68 offer of judgment which there resulted in the...more

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

by Paul D. Swanson | Lane Powell PC - Intellectual Property Law &... on 3/5/2013

As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience....more

Myth: San Diego Medical Malpractice Victims Always Have Three Years to File a Claim

by Thorsnes Bartolotta McGuire LLP on 3/4/2013

The truth is, you may have significantly less time than you think to file a medical malpractice lawsuit. If you believe you are the victim of medical malpractice, the clock is ticking. If a claim is filed after the statute of...more

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

by Paul Devinsky, Christopher M. Koepke | McDermott Will & Emery on 2/25/2013

The Supreme Court of the United States, in Gunn v. Minton, determined that a Texas state court had jurisdiction over a legal malpractice claim, even though resolving the claim required the state court to address an issue of...more

Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State...

by Michael R. Samardzija, Ph.D., Mike Sellers, Dale Wainwright | Bracewell & Giuliani LLP on 2/25/2013

On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be...more

Appellate Notes: Week of February 18

by Edward McCreery III | Pullman & Comley, LLC on 2/22/2013

In This Issue: - AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co. - AC33614 - Dorreman v. Johnson - AC34253 - Klemonski v. University of Connecticut Health Center ...more

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

by Foley & Lardner LLP on 2/22/2013

In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

by Monte Cooper, Elizabeth Howard, Scott Lonardo | Orrick, Herrington & Sutcliffe LLP on 2/22/2013

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Gunn v. Minton (2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/21/2013

A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

Terrorizing Patent Practitioners: Highlights from Oral Argument at the Supreme Court for Gunn v. Minton

by Michael R. Samardzija, Ph.D., Mike Sellers, Dale Wainwright | Bracewell & Giuliani LLP on 2/7/2013

On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn. The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be heard in...more

Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton

by Michael R. Samardzija, Ph.D., Mike Sellers, Dale Wainwright | Bracewell & Giuliani LLP on 1/14/2013

Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton case decided by the Supreme Court of Texas and the submission of Petitioner's and several supporting amicus curiae briefs. Gunn is...more

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Civil Procedure › Professional Malpractice