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Polsinelli Podcast - Avoiding Professional Liability
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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
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
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
Readers of this journal may recall the judgment of Mitchell Morgan Nominees Pty Limited v Vella  NSWCA 390, which we covered in the Legal Notebook section of the March 2012 edition. That judgment...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
This article discusses the legal "standard of care" for architects, engineers, and other design professionals on construction projects....more
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'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
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
Desiging a building to be LEED certified carries legal risks. Minimize those risks by stating LEED goals, not LEED guarantees....more
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
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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