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Civil Procedure Professional Malpractice Consumer Protection

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

FDA-Approved Labeling Does Not Equal Medical Standard Of Care

by Reed Smith on

We’ve been defending the ability of physicians to engage in off-label use ever since the Bone Screw litigation of the 1990s. Buckman Co. v. Plaintiffs Legal Committee, where the United States Supreme Court affirmed that...more

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

by Pullman & Comley, LLC on

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

When do healthcare defendants want to be accused of malpractice?

Most injury or wrongful death cases against hospitals, health care facilities, and health care practitioners are governed by the procedures in Fla. Stat. 766, also known as the Medical Malpractice Act. This Act itself is...more

ABA Takes Restrictive Approach to Use of Law Firm Letterhead in Debt Collection - ABA Standing Committee on Ethics and...

by Holland & Knight LLP on

Brief Summary: The American Bar Association (ABA) has concluded that a prosecutor who allows a debt collection company to use the prosecutor's letterhead to demand payment from borrowers violates Model Rules 8.4(c) and...more

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

by Charles E. Rounds, Jr. on

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more

Law Firm with Inaccurate Billing Records Receives Nothing for Its Efforts

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

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

by Pavlack Law, LLC on

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious...more

Want to hire a cheap lawyer, watch out! (Part 2)

by George Bourguignon on

If you are in decision making process of which attorney or law firm to hire, this post informs you of an important point that will help you make that decision. So before you engage that all important counsel, you should read...more

Lawyer-Client Talks Relating to Mediation Cannot Be Used to Prove Malpractice Claim

by Makarem & Associates on

Lawyer's Manual on Professional Conduct examines the recent SCOCA decision in Cassel v. Supreme Court (Wasserman, Comden, Casselman & Pearson LLP) and the issue of confidentiality in mediation with regards to legal...more

CA Supreme Court Excludes Attorney-Client Communications Made For Purposes Of Mediation

by Makarem & Associates on

The California Supreme Court released its decision in Cassel v. Superior Court. The Court has deemed attorney-client privileged communications “made for the purposes of mediation” inadmissible at a subsequent legal...more

Preovolos v. Preovolos

Respondent's Opening Brief On Issue Of Attorney Disqualification For Representing Adverse InterestsCalifornia

by Eric Young on

Respondent filed a motion to disqualify defense counsel in the trial court for violation of Rule 3-310 (avoiding the representation of adverse interests). The motion was granted, and Petitioner appealed. On appeal, the...more

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