Constitutional Law, Civil Procedure, Professional Malpractice

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

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

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

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

Legal Byte: Is judicial legal advice the same as an advisory opinion?

by Alan Goldberg on 6/6/2012

This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided. Thank you. Alan Goldberg alangoldberglaw@gmail.com Appeals, civil...more

Three States’ Supreme Courts Take on Malpractice Caps

by Lawyers.com on 4/5/2012

The medical professionals who let a Florida mother bleed to death after giving birth, as well as those whose negligence led to disabling brain injuries in a Missouri boy, could learn that their errors will cost them much more...more

A Federal Appeals Court Has Reviewed a Three-Year Old Lawsuit Involving a Former Eastern Michigan University Student

by Demas Law Group on 1/30/2012

A federal appeals court has reviewed a three-year old lawsuit involving a former Eastern Michigan University student that addresses whether counselors who refuse to work with gays and lesbians on religious grounds are in...more

Do Damage Cap Laws Pass Constitutional Muster?

by Howard Ankin on 12/1/2011

Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association. States with damage caps vary wildly in their limitations and the...more

Roberts v. McAfee, Inc.: Backdating-Related Malicious Prosecution Claim Dismissed

by Sedgwick LLP on 11/11/2011

The United States Ninth Circuit Court of Appeals has issued an important decision underscoring how serious an obstacle the element of lack of probable cause can be in trying to establish a claim of malicious prosecuton. ...more

"I Declare, It Is Necessary"

by Katherine Gallo, Esq. on 8/31/2011

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

Court Denies Former Client’s Anti-SLAPP Motion Filed in Response to Attorney’s Cross-Complaint for Misrepresentation

by Sedgwick LLP on 1/26/2011

It is not uncommon for an attorney sued for malpractice to respond to the complaint by filing an anti-SLAPP motion, contending that the lawsuit arose out of a protected activity. Most of those motions are denied. A novel...more

Anti-SLAPP Statute Does Not Prevent Garden-Variety Legal Malpractice Claim from Going Forward

by Sedgwick LLP on 10/22/2010

A law firm was unsuccessful in a recent, creative effort to use the anti-SLAPP statute to block a legal malpractice claim from proceeding. Code of Civil Procedure section 425.16, the anti-SLAPP statute, allows a court to...more

90 Day Pre-Suit Notice for Professional Negligence Claims Ruled Unconstitutional by Washington Supreme Court

by Lane Powell PC - Health Care Law on 7/8/2010

In yet another recent set-back to health care providers, the Washington Supreme Court ruled last week that RCW 7.70.100(1), which requires that a 90 day pre-suit notice be provided prior to filing professional negligence...more

Supreme Court 2009–2010 Professional Liability Cases

by Sutherland Asbill & Brennan LLP on 4/1/2010

A number of cases on the Supreme Court’s docket this term address issues related to the regulation of attorneys, accountants, and other professionals. The Court’s decisions in these cases could have far-reaching...more

Klotz v. St. Anthony's, et.al.

Judgment

by J. Thaddeus Eckenrode on 1/22/2009

Court order entered in a case that will test Missouri's "tort reform" law and non-economic damages "cap" on appeal....more

LaBelle et al vs. McGonagle

Court order denying motion for remand

by Jeffrey Roy on 8/15/2008

This case involved state court claims of legal malpractice, breach of contract, and violations of the Consumer Protection Act, that happened to arise out of legal work involving a the failure by an attorney to file a patent...more

Barbara C. Johnson v. Massachusetts Supreme Judicial Court

Petition for Writ of Certiorari

by Barbara Johnson on 2/28/2008

This Petition and its attachments are important for each and every one of you to read. The issues are unique and of national importance. If you are a lawyer, you might need to use the arguments for your own protection from...more