Professional Malpractice Civil Remedies Civil Procedure

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Health Alert (Australia) - October 5, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: Victoria. Epichealth Pty Ltd v Yang [2015] VSC 516 The Supreme Court has granted an interlocutory...more

A permissible beneficiary's equitable property interest under an irrevocable discretionary trust is contingent, not vested, the...

A permissible beneficiary’s equitable property interest under a discretionary trust is contingent, not vested. The critical condition precedent that renders the interest contingent is that the trustee must exercise his...more

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics...

In Law v. Wells Fargo Bank, N.A. (2015 S.O.S. 13–56099 – filed August 27, 2015), the Ninth Circuit joined the shortlist of Circuit Courts to hold that sanctions for bad-faith litigation tactics under 28 U.S.C. section 1927...more

Health Alert (Australia) - July 13, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: United Kingdom (UK) 7 July 2015 - Ross v A [2015] EWCOP 46 The England and Wales Court of Protection has held that a...more

Medical Malpractice Damage Caps — A Balance of Justice

In a recent landmark decision for the citizens in the State of Florida, Florida’s Fourth District Court of Appeals, the appellate court for Palm Beach, Broward, and the counties to their north, issued an opinion finding the...more

New York Federal Courts Increasingly Scrutinize Excessive Attorneys’ Fees in Wage and Hour Class and Collective Actions

In what is becoming oft-cited language, U.S. District Judge William H. Pauley III of the Southern District of New York recently stated regarding the Fair Labor Standards Act that, A law is only effective to the extent...more

Florida Supreme Court Holds that Statutory Caps on Noneconomic Damages in Medical Malpractice cases Cannot be Applied...

In Miles v. Weingrad, --- So. 3d ----, 2015 WL 2401261, 40 Fla. Law Weekly S279 (Fla. May 21, 2015), the Supreme Court of Florida recently resolved the conflict between the Third and Fourth District Courts of Appeal regarding...more

Appellate Court Notes

SC19297 - DiLieto v. County Obstetrics & Gynecology Group, P.C. - Plaintiff received a jury verdict of $4.5 million in this medical malpractice action due to the wrongful removal of certain organs. The plaintiff was...more

$6 Million Verdict for SOX Whistleblower Leads to Malpractice Suit Against Defense Counsel

Playboy Enterprises is suing its former defense counsel Sheppard Mullin after being hit with a $6 million jury verdict in a SOX whistleblower case, the highest jury award in a SOX case to date. In Zulfer v. Playboy...more

NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does...more

Illinois Supreme Court Holds Innocent Misrepresentation on Malpractice Renewal Grounds for Rescission

A law firm partner innocently repeats a misrepresentation by one of his or her partners on a renewal form for the firm’s malpractice insurance. Can the misrepresentation be grounds for completely rescinding the policy? On...more

No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more

Does Med Mal Statute of Limitations Apply to Indemnification Claims?

Last week the South Carolina Supreme Court issued an opinion addressing the issue whether an indemnification claim is subject to that state’s medical malpractice statute of limitations, when the claim is for recovery of a...more

Professional Liability Alert: Non-MICRA Statutes of Limitations Can Toll MICRA Limitations Periods

In Coastal Surgical Institute v. Blevins (B254787, filed 1/12/15) the California Court of Appeal, Second Appellate District, held that the tolling provisions of Insurance Code section 11583 apply to the one-year limitations...more

Can Attorneys be Held Liable for Damages to the Adverse Client?

On October 9, 2014, the New Jersey Supreme Court announced that it would hear the case of Innes v. Marzano-Lesnevich. The case deals with the interesting question of whether attorneys can be held liable for damages to...more

MICRA’s Cap on Noneconomic Damages Does Not Apply to Joint Tortfeasor’s Pre-Trial Settlement to Offset Damages Award at Trial

In Rashidi v. Moser (No. S214430, filed 12/15/2014), the California Supreme Court held that in medical professional negligence cases, the noneconomic damages cap applies only to the amount of damages awarded to a plaintiff in...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

Blurring the Lines between False Claims Act Litigation and Putative Federal Malpractice Law: The DOJ Quietly Invokes “Worthless...

On October 10, 2014, the United States Department of Justice (“DOJ”) announced a civil settlement agreement (the “Settlement”) with Extendicare Heath Services, Inc. and its subsidiary Progress Step Corporation (collectively,...more

“Uncollectibility” Is an Affirmative Defense to Legal Malpractice Claims in Washington

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to...more

Appellate Court Notes

SC18974 - Weaver v. McKnight - An important evidentiary ruling in this Med Mal case. After holding that an OBGY Board Certified Doctor acting as the plaintiff’s expert witness should have been allowed to opine on the...more

Court decides when statute of limitations for "wrongful act or omission" against counsel begins

In Lee v. Hanley the California Court of Appeal for the Fourth District decided an issue concerning the interpretation of the one-year statute of limitations relating to allegations of wrongdoing in the performance of...more

Appellate Court Notes

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

U.S. Bank v. Indian Harbor: Another Blow to the Restitution/Disgorgement Defense

In recent years, purchasers of D&O and professional liability insurance have been stunned to learn that their carriers have denied coverage for a wide range of claims on the theory that their policies do not cover loss that...more

Trial Court's Calculation of Lodestar Is Affirmed

In Syers Properties III, Inc. v. Rankin the California Court of Appeal for the First Appellate District affirmed the trial court’s grant of an award of attorney fees. The appellant contended that the trial court should not...more

Illinois Supreme Court Debates Damages Measures for Malpractice in Securities Cases

Our reports on the oral arguments from the May term of the Illinois Supreme Court continue with Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman. Goldfine poses a number of issues about legal malpractice actions arising...more

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