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In This Issue: - District of New Jersey Stays Medical Malpractice Suit Pending Arbitration: Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more
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
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
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
In its recent decision in Sharp Realty & Mgmt. v. Capitol Specialty Ins. Corp., 2013 U.S. App. LEXIS 243 (11th Cir. Jan. 4, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Alabama law, considered...more
Earlier this year, the Quebec Court of Appeal rendered two decisions addressing the issue of gross negligence coverage in insurance law. These decisions offer two contradictory conclusions as to the validity of exclusion...more
In Coats Rose Yale Ryman & Lee PC v. Navigators Specialty Insurance Co., 2012 WL 4858194 (5th Cir. October 15, 2012), the U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s grant of summary judgment to...more
On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more
In Conley v. First Nat’l Ins. Co. of Am., 2012 U.S. App. LEXIS 20281 (9th Cir., Sept. 27, 2012), the U.S. Court of Appeals for the Ninth Circuit considered whether a lawsuit alleging “anxiety” qualified as “bodily injury” for...more
In its recent decision in Great American Insurance Co. v. Christy, 2012 N.H. LEXIS 126 (N.H. Sept. 28, 2012), the Supreme Court of New Hampshire had occasion to consider whether an “innocent insured” provision in a legal...more
In its recent decision in A.P. Pino & Associates, Inc. v. Utica Mutual Ins. Co., 2012 U.S. Dist. LEXIS 92472 (E.D.Pa. July 3, 2012), the United States District Court for the Eastern District of Pennsylvania had occasion to...more
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
Trial practice – Civil Procedure – settlement with less than all tortfeasors A frequent issue for trial lawyers as they approach an impending trial against multiple defendants is whether to settle with one and go to...more
Mijn powerpoint presentatie over aansprakelijkheden bij calamiteiten. Hierin behandel ik de juridische afwikkeling van enkele geruchtmakende rampen en de lessen die hieruit zijn te leren. Hierin komt naar voren welke...more
On May 16, the California Supreme Court handed down a decision holding that an attorney may violate his duty of loyalty by publicly opposing a development project that he at one time had been engaged to promote. Oasis West...more
The California Supreme Court recently held in Cassel v. Superior Court, 51 Cal. 4th 113 (2011), that California’s statutory mediation privilege prevents the disclosure of private communications between an attorney and...more
In a published decision issued by the California Court of Appeal, Fourth Appellate District, Division One, the Court of Appeal addressed the issue of whether the trial court properly dismissed a petition to compel arbitration...more
In this article, Michael Axe looks at some of the arguments on quantum that can be put forward by both Claimants and Defendants in Business Interruption claims. Business interruption claims can arise in a wide variety of...more
In this article, we look at how the courts assess damages in 'loss of chance' cases. Michael Axe also reports on the English Court of Appeal's recent warning regarding the dangers of applying these principles to commercial...more
Michael Axe reports on the implications of the English Court of Appeal's decision that confidential communications between clients and their accountants are not protected from disclosure by Legal Professional...more
Contingency fee agreements are protected by the attorney-client privilege under California Business & Professions Code section 6149. However, in certain types of actions, such agreements are not permitted or their use is...more
The California Court of Appeal, Second Appellate District, recently reaffirmed a line of cases to the effect that the legal malpractice statute of limitations begins to run when a client signs an allegedly defective...more
In ruling on a petition to compel arbitration, some of the more challenging issues faced by the court relate to the application of Code of Civil Procedure section 1282.2(c) (a petition to compel arbitration based on a written...more
This newsletter contains a link to the new NYS court rule pretaining to attorney affirmations in foreclosure actions....more
In professional negligence claims, proving that the professional was negligent is only half the battle. In this article, Michael Axe looks at how it is not always a straightforward matter to prove that the negligence was the...more
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