Consumer Protection Professional Malpractice

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Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because...more

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

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)

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

HIPAA Violation Results in $1.44M Jury Verdict Against Walgreens, Pharmacist

Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict demonstrates that HIPAA still could play an important role in private causes of action in state court based on negligence...more

Bar President: 3Ls Should Get Paid for Internships  [Video]

June 28 (Bloomberg Law) -- John Thies, outgoing president for the Illinois State Bar Association, talks with Bloomberg Law's Lee Pacchia about his organization's report on the impact of law school debt on the delivery of...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - May 2013

In This Issue: - When Hospital Errors Follow You Home, and Into Your Soul - What Survivors of Patient Harm Can Expect - Hurting the Healing Process - Learn More About Your Rights and How to Reduce the Harms of...more

Home Loan Modification Help FAQs from the State Bar of California

Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...more

You Should Know - March 2013

In This Issue: - Silent Epidemic - Types of Abuse - Know the Red Flags - Excerpt from Learn to Spot the Red Flags of Elder Abuse: Abuse of Elderly a Growing Concern in Aging America: Right now, millions of...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

Law Prof: I May File Law School Ethics Charges [Video]

Feb. 22 (Bloomberg Law) -- Ben Trachtenberg, an associate professor at University of Missouri School of Law who has written about law schools misrepresenting incoming student GPAs, LSAT scores and graduate employment data,...more

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

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

Brokers – The Marine Peril of Not Knowing the Market

Two recent cases have highlighted the need for brokers to be familiar with the nature of their client’s business and the limits and exclusions of marine insurance products on the market. In both of these cases, the...more

CFPB gets preliminary injunction in mortgage relief assistance case

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - November 2012

Some of the rewards of reading your own medical records are obvious. It's the best proven way to make sure the doctor understands everything you've tried to communicate to him or her, and vice versa. Still, many are reluctant...more

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

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

Getting the Best Medical Care: a Newsletter from Patrick Malone - September 2012

In This Issue: - Are You Really Ready to Go Home? - Catching Up with Late Lab Results - Key Things to Watch for at Home - "I Want Outta Here!"One Myth about AMA Discharge - Recent Health Care News...more

Seniors Stop Taking Antidepressants When They Fall Into Medicare’s Donut Hole

The advent of Medicare’s Part D drug plan introduced everyone to the concept of the “donut hole.” That’s the point at which prescription drug coverage ceases for a period during which the plan member pays full price. The gap...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - July 2012

In This Issue: - What's Wrong with the Pregnancy Health Care Assembly Line - Ten Overused Technologies in Childbirth - Improving Your Odds of Safe Birth - Check Out Our Previous Tips Excerpt from Ten...more

Brighter Future for Veterinary Malpractice Claims

Published on the National Business Institute Continuing Legal Education (CLE) website on January 3, 2012, as part of Michael Kaiser's ongoing Animal-Law blog. ...more

What does it cost to file bankruptcy in Massachusetts (in attorney’s fees)?

If you are considering filing for bankruptcy and are curious what it costs or have received some quotes from bankruptcy attorneys and are making a decision on who to hire, this post is for you! Contact: George E....more

The Impact of State Laws Limiting Malpractice Awards on the Geographic Distribution of Physicians

This study examines the impact of State legislation that caps damage awards in malpractice cases on decisions of physicians about where to practice medicine. Twenty-four States now have laws that limit damage payments in...more

THE ROLE OF THE LEGAL NURSE IN CIVIL CASES: WITH A CASE EXAMPLE

This article explains the role of the often overlooked and underused resource of the legal nurse, who can crystallize any medical-legal related issues. A case example is used to show how attorney's can benefit from this...more

VICARIOUS LIABILITY

This article discusses how employers such as Hospitals can be vicariously liable for the torts of their employees, particularly doctors, nurses and other ancillary services that are committed during the course of employment....more

Getting the Best Medical Care: a Newsletter from Patrick Malone - April 2012

In This Issue: - Heart Health: Vigilance on the Basics, and Forget About the Whiz Bang Stuff - Some Lesser Known Heart Risk Factors - Recent Health Care News You Should Know About - Check Out Our Previous...more

ETHICAL RESPONCIBILITIES OF HEALTHCARE PROFESSIONALS & FIRST RESPONDERS

With specialized knowledge and training all health care professionals are held to certain legal requirements, this article is dedicated to the first responders and the very important medical-legal concepts such as negligence,...more

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