Professional Malpractice Updates

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Health Alert (Australia) - November 24, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: Australia. Department of Health - Media releases - 20 November 2014 - Healthy sporting clubs recognised with Good...more

Insurance Recovery Law -- November 2014 #2

South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations - Why it matters: A federal court in South Carolina ruled that absent a showing by an insurer...more

Regulatory Risk Update: Tougher penalties for corporate manslaughter and health and safety offences proposed

On 13 November 2014, the Sentencing Council opened its 14 week public consultation on draft guidelines for corporate manslaughter and health and safety offences. If implemented, the guidelines will mean that large...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

Illinois Supreme Court Agrees to Decide Whether Party's Own Apparent Neglect Can Lose Right to Set Aside Default

In the closing days of its September term, the Illinois Supreme Court agreed to decide a question relating to the operation of Section 2-1401 of the Code of Civil Procedure: under what circumstances is the apparent lack of...more

Health Alert (Australia) - November 17, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: American Medical Association (AmMA) - 10 November 2014 - New American Medical Association Policy Works to Protect Patient...more

Texas Federal Court Clarifies Broad Scope of Professional Liability Policies for Lawyers

Lawyers may be surprised to learn that lawsuits brought by clients challenging something other than purely legal advice or advocacy—such as billing—may not be covered by their professional liability policies. Interpreting the...more

Courts Applying Gunn v. Minton Must Distinguish “Forward-Looking” From “Backward-Looking” Patent Issues

One long-standing feature of the U.S. patent system is exclusive court jurisdiction over patent cases. Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit’s...more

Accountant’s Fiduciary Duty as Independent Auditor

In North Carolina, an accounting firm now owes a fiduciary duty to its audit client, both as a matter of law and as a matter of fact. On November 4, 2014, a North Carolina appellate court held — for the first time —...more

Illinois Supreme Court Adopts Measure of Malpractice Damages in Securities Cases

Last month, the Illinois Supreme Court handed down its unanimous decision in a case being closely watched by the local bar associations – Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman. Goldfine involved the issue of...more

Texas Court Construes Professional Liability Policy to Require Defense of Law Firm in Fee Dispute

In Shamoun & Norman, LLP v. Ironshore Indemnity, Inc., Cause No. 3:14-1340, In the U.S. District Court, Northern District of Texas, the federal district court construed a professional liability policy issued by Ironshore to...more

Texas Court Holds Professional Liability Exclusion Applicable to Well Blowout

In its recent decision in Nicklos Drilling Co. v. Ace Am. Ins. Co., 2014 U.S. Dist. LEXIS 156585 (S.D. Tex. Nov. 5, 2014), the United States District Court for the Southern District of New York had occasion to consider the...more

Third Circuit Upholds Defense Cost Reimbursement Clause in Professional Liability Policy

On October 10, 2014, the 3rd Circuit Court of Appeals decided Camico Mutual Ins. Co. v. Heffler, Radetich & Saitta, LLP, where it enforced a policy clause providing for repayment to the insurer of defense costs, and confirmed...more

Insurance Recovery Law -- November 2014

Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer - Why it matters: In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more

Ninth Circuit Offers Guidance to Defendants Seeking to Establish Removal Jurisdiction

The Supreme Court recently denied a petition for a writ of certiorari in Leite v. Crane Co., 49 F.3d 1117 (9th Cir. 2014), cert. denied, 574 U.S. ___ (2014) (No. 14-119), a case in which the Ninth Circuit established the...more

Appellate Court Notes

- SC18975 - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Concurrence - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Dissent - Connecticut Ins. Guaranty Assn. v. Drown This started as a medical...more

Bringing a Lawsuit to Find Out What Happened and Why [Video]

When a traumatic event has happened to someone, what is the point of seeing a lawyer? One basic reason is to answer the questions of what happened, why it happened, and whether anyone is at fault. This is particularly true...more

Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits [Video]

Injured people bringing lawsuits against whoever caused the harm need to know about "subrogation" claims. These are piggyback claims typically brought by a health insurer, seeking part of whatever the injury victim recovers...more

Who Can Sue the U.S. Government for Injuries? A Legal Primer [Video]

Anyone who is injured at a federal government facility - or injured anywhere in the United States by an employee of the U.S. government - needs to know about the Federal Tort Claims Act. This primer discusses who can and...more

Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant) [Video]

Confidentiality agreements at the end of injury lawsuits are commonplace, but often are bad for the injured person, and bad for the civil justice system, in ways that lawyers sometimes don't think through. When settling a...more

NY Court of Appeals holds that a client’s failure to appeal bars a legal malpractice action only where the client was likely to...

Addressing a question of first impression in Grace v. Law, et al., the Court of Appeals adopted the plaintiff-client’s contention that a “likely to succeed” standard should be applied, rejecting the defendant-attorneys’...more

Supreme Court of Mississippi Affirms Disclaimer Based on Professional Liability Exclusion

In its recent decision in Gray v. Arch Specialty Ins. Co., 2014 Miss. LEXIS 534 (Miss. Oct. 23, 2014), the Supreme Court of Mississippi had occasion to consider whether allegations against a paramedic company for negligent...more

Fewer Medical Malpractice Lawsuits Means Victims Go Uncompensated

Notable Declines in Medical Negligence Litigation - Medical malpractice laws exist so that victims of negligence can seek financial compensation for their injuries. When a healthcare professional behaves negligently,...more

Recent Nevada Opinion: Retroactivity Rules and Ex-Parte Communication With Treating Physicians Prohibited

On July 10, 2014, the Supreme Court of Nevada published Leavitt v. Siems, 130 Nev. Adv. Op. 54 (2014), which addressed issues related to expert testimony. This case provides two important takeaways: (1) the basic legal...more

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more

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