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Appellate Court Notes

SC18961 - Robbins v. Physicians for Women's Health, LLC - The plaintiff filed this medical malpractice against a hospital, the doctor, the midwife, and the company (“PWH”) that bought the assets of the hospital after...more

A valid Massachusetts testamentary trust may now arise under a will that was not fully executed (signed by the will witnesses)...

Massachusetts has broken new ground in allowing a will to be fully executed (signed by the will witnesses) after the death of the testator, with no time period specified. In the upcoming 2014 edition of Loring and Rounds: A...more

Appellate Notes: Week of July 15th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Legal Notebook: Hunt & Hunt Lawyers v Mitchell Morgan Nominees PTY LTD (ACN 108 571 222) And ORS – High Court Appeal (Australia)

Snapshot - Readers of this journal may recall the judgment of Mitchell Morgan Nominees Pty Limited v Vella [2011] NSWCA 390, which we covered in the Legal Notebook section of the March 2012 edition. That judgment...more

Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Home Loan Modification Help FAQs from the State Bar of California

Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...more

Construction Contracts: Best Practices for Minimizing Risk

Reducing risk starts before the ground is broken on a construction project. Construction contracts are unique in that they anticipate change will occur during the project for a multitude of reasons. However, not even the...more

Appellate Notes: Week of February 18

In This Issue: - AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co. - AC33614 - Dorreman v. Johnson - AC34253 - Klemonski v. University of Connecticut Health Center ...more

CFPB gets preliminary injunction in mortgage relief assistance case

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

Attorney Gambles Chasing Fees and Loses Big

Originally published in Litigation News, American Bar Association (November 2012). As lawyers often advise their clients, any litigation involves some element of risk, and “there is no such thing as a slam dunk.” A...more

Opinion Letters – Do's and Don'ts (Ethics, Professionalism and Malpractice Avoidance)

Originally published in Volume 34; Number 1 - Real Property e-newsletter, The Official Publication of the Real Property Section of the North Carolina Bar Association - September 2012. This article contains practical...more

Arbitration

UPDATED THROUGH September 4, 2012 Statute of Frauds – Arbitration. Question Certified: Does section 95.011, Florida Statutes apply to arbitration when the parties have not expressly included a provision in their...more

Be Sure to Read the Fine Print In a Consultant's Proposal

When hiring an environmental consultant, it is important to carefully review the terms and conditions governing the agreement between you and your consultant. One of the key components of the professional services agreement...more

Taxing Times: HMRC set to fine firms £3,000 for "assisting in preparation of incorrect SDLT returns"

Her Majesty’s Revenue & Customs (“HMRC”) has announced that it intends to start imposing the maximum penalty of £3,000 in respect of online and paper SDLT returns under section 96 of the Finance Act...more

Asset Protection and The Title To Your Home - Common Mistakes

A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

Four New Civil Opinions Coming From the Illinois Supreme Court

The Illinois Supreme Court has announced that on the morning of Thursday, June 16, it will file opinions in four civil cases: • Studt v. Sherman Health Systems, No. 108182-- Does the Illinois pattern jury instruction on...more

Professional Negligence for Realtors - A Rising Tide?

With the recent decision of the Ontario Court of Appeal in Krawchuk v. Scherbak, it is becoming clear that the Courts are holding real estate professionals to a higher standard, given the reliance their clients place on their...more

Location, Location, Location? Try Disclose, Disclose, Disclose.

Failures to disclose material facts are among the leading causes of litigation against real estate agents. This article discusses two recent cases against agents. In California, a listing agent was sued for failing to...more

Defining the Architect's and Engineer's "Standard of Care"

This article discusses the legal "standard of care" for architects, engineers, and other design professionals on construction projects....more

The Map of the Iceberg of Toxic Foreclosure

When it comes to foreclosure, particularly those involving a mortgage sold to a trust, the media has reported all kinds of irregularities and improprieties. I thought it would be interesting to do a table of who might be...more

Funk & Bolton Mid-Atlantic Property & Casualty Reporter

Funk & Bolton's Coverage & Defense Practice Group provides advice and counsel to insurers in coverage and extra-contractual matters, product development and claim compliance, and defends claims and litigation matters. The...more

Real Estate Inspections and Misrepresentations: Must the Real Estate Agent Beware?

With misrepresentation and fraud claims on the rise, real estate agents and brokers should understand the legal consequences of the home inspection contingency, especially when it has been waived by buyers....more

Risks in Desiging for LEED Certification

Desiging a building to be LEED certified carries legal risks. Minimize those risks by stating LEED goals, not LEED guarantees....more

"Am I Covered?" Insurance Considerations for the Design Professional "Going Green"

The emergence of green building and sustainable design has introduced the world of building construction to new territory in the realm of energy savings and design implementation requiring new innovations in project delivery....more

Repose Re-Examined: When Does the Period Begin to Run?

The Statute of Repose, N.J.S.A. 2A:14-1.1, was enacted in 1967 in an attempt to limit the liability of designers and contractors. In nearly as many years since its enactment, judicial interpretations have examined and...more

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