The Insider Trading Cartoon Series, Vol. VIII — Negligence?
Davis, et. al. v. Hayes Hofler, P.A., 2024 N.C. App. LEXIS 11 (Ct. App. January 2, 2024) - Brief Summary - The North Carolina Court of Appeals aligned itself with the minority view by holding that the continuous...more
The last three years have launched unprecedented changes in the world as we knew it. These changes carry over into issues faced by professionals in multiple disciplines. With advancements in technology like ChatGPT and other...more
American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023) - Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related...more
A statute of limitations is a law that sets the maximum amount of time that parties to a dispute have to file a formal legal proceeding to resolve the dispute. In New Jersey, the statute of limitations for bringing a...more
On Friday, May 12, the Texas Senate passed a bill that would create a specialized business court to oversee complex civil litigation. The state senators voted 24 to 6 to approve H.B. 19, which was passed by the Texas House...more
Brief Summary - An intermediate appellate court in Illinois held that defendant forfeited appellate review of expert testimony admitted at trial because he failed to file a post-trial motion on the issue. However, the...more
In 2009, the Supreme Court of Ohio held that a plaintiff could not hold a law firm responsible for the actions of an employed attorney if the plaintiff did not pursue a timely action against the individual attorney....more
The case involved a loving couple who came to the U.S. from Cuba in 2013 to live with their extended families in Miami and for a better life. Three years later that American dream ended in heartbreak and the tragic,...more
Supreme Court restates the SAAMCO principle in relation to damages for negligent professional advice....more
The Ninth Circuit Court of Appeals recently addressed several issues of first impression in Bafford v. Northrop Grumman (9th Cir. April 15, 2021), a lawsuit involving retirees who received vastly overstated pension benefit...more
UFT Commercial Finance, LLC v. Fisher, No. 20-2012 (7th Cir., March 23, 2021) - Brief Summary - The Seventh Circuit affirmed the dismissal of a legal malpractice action filed by UFT Commercial Finance, LLC against the...more
In Lennar Northeast Props. v. Barton Partners Architects Planners, Inc, C.A. No. 16-cv-12330-ADB, 2021 U.S. Dist. LEXIS 11800, the United States District Court for the District of Massachusetts considered whether a property...more
In Doull v. Foster, the Massachusetts Supreme Judicial Court (SJC) addressed the proper causation standard in a medical malpractice case. In reaching this issue, the SJC reached far beyond the medical malpractice case before...more
Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.). Brief Summary - After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more
After a Florida law firm and one of its attorneys (defendants) were hit with a $5 million jury verdict in a case arising out of an underlying medical malpractice action, they—along with the firm's insurer—appealed. Because...more
Jibreel Townsend v. Spear, Greenfield and Richman, P.C., Mark Greenfield, Rand Spear, Esq. Superior Court of Pennsylvania, No. 2950 EDA 2019 (8/13/20) - Brief Summary - A Pennsylvania court affirmed summary judgment in a...more
In Murray v. UPS Capital Ins. Agency, Inc. (No. 20G058353, filed 9/11/20) a California appeals court held that summary judgment should not have been granted to an insurance agency since the policyholder had raised a...more
Webb v. Ellis, 2020 Tex. App. LEXIS 3527 (2020) - Brief Summary - A Texas appellate court reversed the trial court's grant of summary judgment in defendants' favor on plaintiffs' legal malpractice claim—which was based on...more
The New Jersey Superior Court recently affirmed the dismissal of a professional negligence lawsuit against an insurance broker where the affidavit of merit filed was not in compliance with the applicable statute. ...more
Whirlpool Corp. v. Faegre Drinker Biddle & Reath, LLP, 2020 IL App (1st) 191042-U No. 1-19-1042 (May 19, 2020) - Brief Summary - The appellate court affirmed the trial court's entry of judgment for defendants, an attorney...more
R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more
Plaintiffs, former shareholders of a holding company for two New Jersey-based insurance companies, sued various affiliates of Aon Risk Services Companies alleging that Aon was negligent in failing to secure insurance coverage...more
Winning at the blame game is difficult to do. This holds especially true where the “blame game” is actually a claim for legal malpractice. ...more
The Supreme Judicial Court of Massachusetts recently heard an appeal regarding a particularly obstinate insured, ruling that recognition of a consent-to-settle provision does not in and of itself violate an insurer’s duties...more
In Taylor v. Rothstein Kass & Co., PLLC, a receiver for a failed business sued an accounting firm for various claims arising from the auditor’s issuance of a clean audit report concerning certain financial statements. No....more