Professional Malpractice › Constitutional Law

Illinois Supreme Court to Hear Five Civil Cases In May

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

The Supreme Court of the United States, in Gunn v. Minton, determined that a Texas state court had jurisdiction over a legal malpractice claim, even though resolving the claim required the state court to address an issue of...more

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Gunn v. Minton (2013)

A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice...more

Tort Reform Limiting Medical Malpractice Awards in Texas: It Ain’t Workin’

Health care costs in Texas did not drop after passage of a 2003 constitutional amendment limiting medical malpractice awards, despite promises made to voters by tort reform supporters....more

Religious Institutions: August 2012 Update

In the 1990s, plaintiffs brought clergy malpractice and professional negligence claims against ministers, churches and denominations. The claims required allegations that a clergy member failed to exercise the standard of...more

Missouri Tort Reform Law Struck Down

In a victory for consumers, the Missouri Supreme Court this week threw out a state law capping non-economic losses for victims of medical malpractice. The 2005 tort reform law that limited jury awards for pain and suffering...more

The Enduring Myth of Medical Malpractice Reform

Sometimes it seems like the drive to control the amount of damages awarded for medical malpractice is on some kind of political message loop. Often called “tort reform,” it frequently is fodder in election campaigns, and is...more

Thayer v. Kabateck Brown Keller LLP: Law Firm Prevails on Anti-SLAPP Motion Against Non-Client Who Sued the Firm in Connection...

On the appeal of a ruling on an anti-SLAPP motion, the California Court of Appeal (First Appellate District, Division Two) recently held that a plaintiff had no standing to sue a law firm for its alleged improper handling of...more

Legal Byte: Is judicial legal advice the same as an advisory opinion?

This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided. Thank you. Alan Goldberg alangoldberglaw@gmail.com Appeals, civil...more

Three States’ Supreme Courts Take on Malpractice Caps

The medical professionals who let a Florida mother bleed to death after giving birth, as well as those whose negligence led to disabling brain injuries in a Missouri boy, could learn that their errors will cost them much more...more

Florida Supreme Court to Decide on Damages Caps

The health care debate is heating up in Florida as the state’s highest court weighs the constitutionality of a law that places caps on non-economic damages in medical malpractice cases. The case, known as McCall v....more

A Federal Appeals Court Has Reviewed a Three-Year Old Lawsuit Involving a Former Eastern Michigan University Student

A federal appeals court has reviewed a three-year old lawsuit involving a former Eastern Michigan University student that addresses whether counselors who refuse to work with gays and lesbians on religious grounds are in...more

Arkansas Supreme Court Strikes Down “Tort Reform” Law

The Arkansas Supreme Court put the state’s legislature in its place with its decision in a recent medical malpractice case. On Jan 19, the state’s highest court struck down provisions of the controversial 2003 Civil Justice...more

Pennsylvania Open Carry Guidance for Law Enforcement

“Open Carry” is a term referring to the right of law abiding citizens 18 or older to display their firearm in public spaces without the need for a permit. The legal basis for this right can be found in the 2nd...more

Do Damage Cap Laws Pass Constitutional Muster?

Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association. States with damage caps vary wildly in their limitations and the...more

Medical Malpractice in Illinois - Caps Gone but Debate Continues

In the nearly two years since the Illinois state Supreme Court struck down caps on noneconomic damages in medical malpractice suits, there's been no explosion in medical malpractice suits, payouts nor any evidence that they...more

Roberts v. McAfee, Inc.: Backdating-Related Malicious Prosecution Claim Dismissed

The United States Ninth Circuit Court of Appeals has issued an important decision underscoring how serious an obstacle the element of lack of probable cause can be in trying to establish a claim of malicious prosecuton. ...more

Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted

Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other...more

Editor's Choice: Jury Awards Edition - October 21, 2011

Here are some items straight from the courtroom that might interest you: • Benzene exposure leads to $7.5 million jury verdict for truck driver's family. Rick Lewis was a gas tanker driver for Kinder Morgan Energy...more

"I Declare, It Is Necessary"

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

When Negligence Becomes Deliberate

When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...more

Privacy

PRIVACY >> UNLOW PROCCESSING <<

Privacy -- unlaw processing -- active subjects --...more

La responsabilità' professionale dello psichiatra

La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more