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Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

Health Alert (Australia) - 4 November 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: Australia. Department of Health & Ageing - ..1 November 2013 - GPs can now order subsidised magnetic resonance...more

Paul v Cooke – Breach unrelated to risk

The recent judgment of the New South Wales Court of Appeal in Paul v Cooke [2013] NSWCA 311 held that the scope of a negligent defendant’s liability does not extend beyond the occurrence of a particular risk that cannot be...more

Insurance Agent Dropped the Ball? You May Have a Claim

In 2001 the Arizona Supreme Court ruled in Webb v. Gittlen that a claim can be assigned to a third party if a case involves insurance company negligence. In this particular instance, a liquor store sold a keg of beer to a...more

Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Appellate Notes: Week of April 1, 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

Oklahoma Court Holds Failure to Warn Not a Covered Professional Service

In its recent decision in Hanover Am. Ins. Co. v. Saul, 2013 U.S. Dist. LEXIS 29739 (W.D. Okl. Mar. 5, 2013), the United States District Court for the Western District of Oklahoma had occasion to consider whether a...more

Cintron v. Montefiore Medical Center

State of New York Court of Appeals Denial of Appellant's Leave to Appeal

In this medical malpractice action, defendant-respondent hospital, skillfully represented by Aryeh Klonsky and Esther Widowski of Widowski Law Group LLP, moved for summary judgment to dismiss the patient plaintiff's case. ...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

“The application of ‘proportionality’ has not reduced costs.” Discuss.

Short Essay describing the application of the concept of 'proportionality' in the English Legal Costs System. The essay outlines the areas where the concept has reduced legal costs, and where it has not....more

Mary Rosskamp v. Prudential Insurance Company of America

ERISA Complaint to recover accidental death benefits

Complaint for declaratory relief filed in ERISA action to determine beneficiary's entitlement to accidental death benefits. ...more

Cintron v. DEFENDANT HOSPITAL

Pre trial dismissal of high exposure medical malpractice actions provides tremendous cost savings to medical malpractice insurance...

Esther Widowski and Aryeh Klonsky of Widowski Law Group LLP successfully argued that defendant established its entitlement to summary judgment by showing that the treatment provided to plaintiff comported with good and...more

Brooklyn Medical Malpractice Lawyer from The Perecman Firm Comments on Baby’s Death from a Lethal Dose of Antibiotics at a...

Brooklyn medical malpractice lawyer David Perecman comments on the death of a six-month-old baby at Brookdale University Hospital. Baby Amaan Ahmmad died after medical staff mistakenly gave him an adult dose of...more

Weekly Law Resume - September 29, 2011: Torts-Vicarious Liability-Joint Tortfeasors

PacifiCare of California, et al. v. Bright Medical Associates, Inc. Court of Appeals, Fourth District (September 2, 2011) Code of Civil Procedure Section 877.6 provides that one defendant who is a "joint tortfeasor" may...more

Carter v. Prime Healthcare Paradise Valley LLC

New Case Law or Business as Usual?--Understanding the Effects of Carter v. Prime Healthcare Paradise Valley LLC

On August 12, 2011, the Fourth Appellate Court of Appeals of California decided Carter v. Prime Healthcare Paradise Valley LLC and affirmed a San Diego Trial Court's ruling sustaining the defendant hospital's Demurrer to...more

Aansprakelijkheden bij calamiteiten

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

Texas Supreme Court Limits Medical Expense Evidence to Amount Actually Paid or Incurred

While CPRC § 41.0105 limits a plaintiff’s recovery of medical expenses to those that are actually paid or incurred, can the full, non-discounted bills be presented to a jury? The Texas Supreme Court addressed this issue on...more

Cintron v. DEFENDANT HOSPITAL

Denial of Motion to Reargue Affirming Award of Summary Judgment

Pre-trial dismissal of medical malpractice actions via motion practice provides significant cost savings to the client. Mr. Klonsky obtained an award of summary judgment dismissing all claims against a major metropolitan...more

Savings From Malpractice Reform Are a Myth, Study Shows

Malpractice claims are not out of control and a damages cap would not result in big insurance savings for doctors and hospitals, according to a new study of malpractice insurance in New York state. The study comes as...more

Funk & Bolton Mid-Atlantic Property & Casualty Reporter; March 2011

Funk & Bolton's Coverage & Defense Practice Group provides advice and counsel to insurers in coverage and extra-contractual matters, product development and claim compliance, and defends claims and litigation matters....more

Extraordinary Writs Newsletter, Vol. 1, Issue 1

Extraordinary Writs is a newsletter published by Jordan Coyne & Savits LLP covering recent developments concerning civil litigation defense in the District of Columbia, Maryland, and Virginia....more

Expert Cannot be Sued Over Opinion Expressed in Legal Malpractice Case

The New Jersey Appellate Division has held that a legal malpractice claim cannot be maintained against an expert who served in an unsuccessful malpractice action against another lawyer. In this matter, Malcolm Blum served as...more

Over schadebeperking door het inroepen van juridische middelen

Kan een schuldenaar een (derde-)benadeelde tegenwerpen dat deze laatste zijn schade had moeten beperken door het inroepen van een aan deze ten dienste staand juridisch verweer (op grond van artikel 6:101 BW)? Deze vraag...more

Dobbas v. Vittas: Excess Liability Insurer Not Permitted to Intervene in Insurance Agent Malpractice Case To Pursue Equitable...

In a published decision in Dobbas v. Vitas (California Court of Appeal, Third Appellate District), the California Court of Appeal addressed the right of an excess insurance carrier to intervene in a insurance agent...more

The "Defensive Medicine" Fraud

The idea that doctors order unnecessary tests to avoid being sued has enough surface plausibility that people nod "of course" as if it's undeniable truth. The "fraud" of "defensive medicine" is two fold: It doesn't really...more

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