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Professional Malpractice Constitutional Law Civil Procedure

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

Florida Supreme Court Rules That Hospital "Adverse Medical Incidents" Reported to a PSO Are Not Privileged From Discovery: Impact...

Southern Baptist Hospital of Florida (Hospital) was sued in a medical malpractice action in which the plaintiff sought to discover records relating to "adverse medical incidents" that occurred at the Hospital and involved any...more

Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust

by Winstead PC on

On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar...more

Supreme Court of Missouri Upholds Health Care Affidavit Statute for Medical Malpractice Claims

by Williams Venker & Sanders on

Lang v. Goldsworthy, 2015 WL 5936587 (Mo.banc. October 13, 2015) The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a wrongful death action premised on medical malpractice because the...more

Supreme Court of Missouri Upholds 10-Year Statute of Repose for Foreign-Object Medical Malpractice Claims

by Williams Venker & Sanders on

Ambers-Phillips v. SSM DePaul Health Center, 2015 WL 1926012 (Mo.banc. April 28, 2015) - The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a plaintiff’s foreign-object medical...more

Appellate Court Notes

by Pullman & Comley, LLC on

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Developments in Long-Term Care – Q1 2015

by Hodgson Russ LLP on

The following summary highlights key federal court cases and administrative decisions involving skilled nursing facility survey issues during the first quarter of 2015. Federal Court Cases - Fifth Circuit Upholds...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC35659 - Ceferatti v. Aranow - In this med mal case the Appellate Court held that leaving a sponge in the patient did not toll the SOL under the continuing course of conduct theory so as to avoid SJ in favor of the...more

Health Care Case Law Update

by Burr & Forman on

Health Care Authority for Baptist Health v. Davis, --- So. 3d. ----, 2013 WL 2149493 (Ala. Feb. 28, 2014). - The Supreme Court of Alabama reversed itself on re-hearing of its May 2013 opinion to affirm a judgment for a...more

Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors

by Cozen O'Connor on

In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW...more

Oklahoma Supreme Court strikes down tort reform legislation passed in 2009

by McAfee & Taft on

On June 4, 2013, the Oklahoma Supreme Court struck all statutes that were passed in 2009 as the Comprehensive Lawsuit Reform Act (CLRA), finding the statutes violate the Oklahoma Constitution. The court entered two decisions....more

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

by McDermott Will & Emery on

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

by Foley & Lardner LLP on

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

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

by Alan Goldberg on

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

Do Damage Cap Laws Pass Constitutional Muster?

by Howard Ankin on

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

"I Declare, It Is Necessary"

by Katherine Gallo, Esq. on

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

90 Day Pre-Suit Notice for Professional Negligence Claims Ruled Unconstitutional by Washington Supreme Court

by Lane Powell PC on

In yet another recent set-back to health care providers, the Washington Supreme Court ruled last week that RCW 7.70.100(1), which requires that a 90 day pre-suit notice be provided prior to filing professional negligence...more

Supreme Court 2009–2010 Professional Liability Cases

A number of cases on the Supreme Court’s docket this term address issues related to the regulation of attorneys, accountants, and other professionals. The Court’s decisions in these cases could have far-reaching...more

Klotz v. St. Anthony's, et.al.

JudgmentMissouri

by J. Thaddeus Eckenrode on

Court order entered in a case that will test Missouri's "tort reform" law and non-economic damages "cap" on appeal....more

LaBelle et al vs. McGonagle

Court order denying motion for remandMassachusetts

by Jeffrey Roy on

This case involved state court claims of legal malpractice, breach of contract, and violations of the Consumer Protection Act, that happened to arise out of legal work involving a the failure by an attorney to file a patent...more

Barbara C. Johnson v. Massachusetts Supreme Judicial Court

Petition for Writ of CertiorariU.S. Supreme Court

by Barbara Johnson on

This Petition and its attachments are important for each and every one of you to read. The issues are unique and of national importance. If you are a lawyer, you might need to use the arguments for your own protection from...more

Manalapan v Moskovitz

Transcript of Oral Argument and Decision on Motion to Quash SubpoenaNew Jersey

On June 13, 2007, the New Jersey Township of Manalapan filed a malpractice suit against its former attorney Stuart Moskovitz, alleging misconduct regarding the Township's purchase of polluted land in 2005. The decision to...more

Manalapan v Moskovitz

Civil OrderNew Jersey

On June 13, 2007, the New Jersey Township of Manalapan filed a malpractice suit against its former attorney Stuart Moskovitz, alleging misconduct regarding the Township's purchase of polluted land in 2005. The decision to...more

Manalapan v Moskovitz

Defendants' Reply Brief in Support of Motion for SanctionsNew Jersey

On June 13, 2007, the New Jersey Township of Manalapan filed a malpractice suit against its former attorney Stuart Moskovitz, alleging misconduct regarding the Township's purchase of polluted land in 2005. The decision to...more

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