News & Analysis as of

Professional Malpractice Civil Procedure Alternative Dispute Resolution (ADR)

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:

Keeping the Lights On For Your Ancillary Proceeding in Federal Court: When “Dismissed Without Prejudice” Means “Stayed”

Do you ever have days when you are not your most eloquent self, the words come out in a jumble, or they are just not precisely what you intended? So do trial judges. But appeals courts seem to understand....more

Federal Court Retains Jurisdiction Over Action Stayed For Arbitration, Pre-Empting State Court

by Carlton Fields on

Following Davis’s filing of a federal lawsuit alleging state malpractice and breach of contract claims, as well as federal Fair Housing Act and Civil Rights Act claims, the Court ordered the action be stayed pending...more

Appellate Court Upholds Arbitration Award In Face Of Manifest Disregard Of Law And Public Policy Arguments

by Carlton Fields on

An arbitration panel entered an award in a legal malpractice matter in favor of the claimant and the attorneys and law firm moved to vacate the award. The district court denied the motion to vacate, and the Ninth Circuit...more

Florida Supreme Court Rulings Affecting Health Care Providers

by Wilson Elser on

It is well established that Florida physicians are required to report any adverse incident that occurs in their office to the Department of Health. Discovery of these reports is a patient’s constitutional right under Article...more

An Arbitration Agreement That Attempts to Skew a Statutory Arbitration Scheme Is Void as Against Public Policy

Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement be held by a court to be void as against public policy? One answer from a...more

Ninth Circuit Allows Dispute To Proceed In Court After Arbitration Dismissed For Failure To Pay Deposit

by Carlton Fields on

In mid-June, the U.S. Court of Appeals for the Ninth Circuit issued an opinion which holds that where an arbitration proceeding is dismissed because one side is unable to pay their share of the arbitration, the case may...more

Is Refusal To Pay Fees A Way Out Of Arbitration?

The 9th Circuit recently allowed a claimant to proceed in court after her arbitration had been terminated due to her  failure to pay half the arbitration fees. Tillman v. Tillman, __ F.3d __, 2016 WL 3343785 (9th Cir. June...more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

by Hinshaw & Culbertson LLP on

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

Business Litigation Reporter - February 2016

by Goodwin on

Confidentiality Agreement Must be Expressly Preserved in New Employment Agreement. The decision in Meschino v. Frazier Industrial Co., 2015 WL 7295463, at *1 (D. Mass. Nov. 18, 2015) (Stearns, J.), underscores that an...more

Georgia Appellate Court Holds Malpractice Coverage Suit Must Be Arbitrated

by Carlton Fields on

The Court of Appeals of Georgia recently affirmed a trial court’s ruling compelling arbitration in a malpractice coverage dispute. McLarens Young International Inc. (McLarens) and American Safety Casualty Insurance Company...more

Mediation Confidentiality Statute Bars Malpractice Claim Where Breach Allegedly Occurred During Mediation

In Amis v. Greenberg Traurig LLP (No. B248447 - filed March 18, 2015), Division Three of the Second District Court of Appeal held that a malpractice plaintiff cannot circumvent mediation confidentiality by advancing...more

Mediation Confidentiality Bars Malpractice Claim but for How Long?

The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig...more

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

by Charles E. Rounds, Jr. on

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

Claim Against Solicitors Summarily Dismissed by Reason of Advocate's Immunity

by K&L Gates LLP on

Advocate's immunity is a valuable defence for solicitors and barristers preventing the re-litigation of disputes by disgruntled litigants. The recent decision of Stillman v Rushbourne [2014] NSWSC, in which we acted for the...more

District Court Declines To Consolidate Disputes Arising Out Of Two Reinsurance Contracts

by Carlton Fields on

Plaintiff Georgia Casualty & Surety Company entered into two reinsurance contracts with Defendant Excalibur Reinsurance Corporation, formerly known as PMA Capital Insurance Company. Both reinsurance contracts contained...more

Mandatory arbitration costs are properly assessed to law firm

by Hinshaw & Culbertson LLP on

In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more

Reinsurance Redux - May 2013

by Saul Ewing LLP on

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

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

by Charles E. Rounds, Jr. on

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

MCLE Self-Study Article Mediation Confidentiality and Legal Malpractice: Cassel v. Superior Court

by JAMS on

Suppose that during mediation a defendant offers plaintiff a million dollar settlement. The plaintiff ’s lawyer, who thinks the money is a fraction of the case’s value, advises the client not to accept the million, and...more

California Supreme Court Refuses to Create Exception to Mediation Privilege, Prohibiting Disclosure of Attorney Communications in...

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

Lawyer-Client Talks Relating to Mediation Cannot Be Used to Prove Malpractice Claim

by Makarem & Associates on

Lawyer's Manual on Professional Conduct examines the recent SCOCA decision in Cassel v. Supreme Court (Wasserman, Comden, Casselman & Pearson LLP) and the issue of confidentiality in mediation with regards to legal...more

INFORMATION ON ATTORNEY-CLIENT FEE AFTER ARBITRATION

by Paul Parks on

THIS DOCUMENT COVERS:Information Regarding Rights After Attorney-Client Fee Arbitration (Alternative Dispute Resolution) ...more

Personal liability of Dutch arbitrators for wrongful decisions

by Arent Jan Oskam on

This document answers the question whether or not it is possible to succesfully hold arbitrators liable for delivering a wrongful award after this award has been set aside by a Court....more

23 Results
|
View per page
Page: of 1
Cybersecurity

Follow Professional Malpractice Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.