Civil Remedies, Professional Malpractice, Civil Procedure

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

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

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

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

by Pavlack Law, LLC on 1/11/2013

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

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

by Charles E. Rounds, Jr. on 1/1/2013

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

HC58 - Setting down for trial in medical negligence actions

by Cathal N. Young, O'Reilly & Co. Solicitors &... on 11/20/2012

HC58 - Setting down for trial in medical negligence actions Direction pursuant to Order 36 Rule 2 (c) of the Rules of the Superior Courts With effect from this 20th day of November 2012 proceedings in respect of any claim...more

Collectibility in Legal Malpractice Suits – A Required Element in Proving Damages: Schmidt v. Coogan

by William Knowles, Robert Lee | Cozen O'Connor on 11/13/2012

In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to...more

Weekly Law Resume - September 6, 2012: Third Party Settlement – the Common Law Release Rule

by Low, Ball & Lynch on 10/5/2012

Aidan Ming-Ho Leung v. Verdugo Hills Hospital California Supreme Court (August 23, 2012) Where one tortfeasor settles with the plaintiff, but fails to obtain a good faith settlement, the common law rule relating to...more

Court Finds Hospital Can be Liable Where Doctors Were Apparent Agents and Claims Against the Doctors Could No Longer be Brought

by Pavlack Law, LLC on 9/20/2012

This article discusses the recent decision by the Indiana Court of Appeals holding that a plaintiff's medical malpractice case against a hospital can proceed to trial where the doctors were apparent agents of the hospital and...more

New Decision Provides No Clear Answer to Complex Medical Malpractice Issue

by Pavlack Law, LLC on 9/14/2012

This article discusses the recent Indiana Court of Appeals decision in Miller v. Dobbs that dealt with a very complicated procedural issue of Indiana Medical Malpractice law and resulted in an even more confusing result....more

Torts

by Sedgwick LLP on 9/6/2012

UPDATED THROUGH SEPTEMBER 4, 2012 Medical Malpractice – Harmless Error. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Thayer v. Kabateck Brown Keller LLP: Law Firm Prevails on Anti-SLAPP Motion Against Non-Client Who Sued the Firm in Connection...

by Sedgwick LLP on 7/23/2012

On the appeal of a ruling on an anti-SLAPP motion, the California Court of Appeal (First Appellate District, Division Two) recently held that a plaintiff had no standing to sue a law firm for its alleged improper handling of...more

Oliveira v. Kiesler: Attorneys and Non-Attorneys May Be Joint Tortfeasors For Purposes of Offsetting Judgment After Good Faith...

by Sedgwick LLP on 6/22/2012

The California Court of Appeal (Fourth Appellate District, Division 3) recently held that an attorney can be a joint tortfeasor with his or her client for purposes of California Code of Civil Procedure section 877. The...more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

by Sedgwick LLP on 6/22/2012

Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more

Weekly Law Resume - June 7, 2012: Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical...

by Low, Ball & Lynch on 6/21/2012

Katerina Chakalis v. Elevator Solutions, Inc., et al. Court of Appeal, Second District (May 18, 2012) In Wylson v. Rittl (2003) 105 Cal.App.4th 361, the court held that a non-party medical doctor cannot be found...more

6th Circuit Addresses Prior Knowledge Defense Under Legal Malpractice Policy

by Traub Lieberman Straus & Shrewsberry LLP on 6/19/2012

In its recent decision in Schwartz Manes Ruby & Slovin, L.P.A. v. Monitor Liability Managers, LLC, 2012 U.S. App. LEXIS 12236 (6th Cir. June 15, 2012), the United States Court of Appeals for the Sixth Circuit, applying Ohio...more

Shifren v. Spiro: Legal Malpractice Statute of Limitations Does Not Begin to Run Until Judgment or Settlement of Underlying Case...

by Sedgwick LLP on 6/13/2012

The California Court of Appeal (Second Appellate District, Division 3) reversed a trial court’s grant of summary judgment in favor of a defendant law firm after concluding that the action was not time-barred by the running of...more

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Civil Remedies › Professional Malpractice › Civil Procedure