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Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Hinshaw & Culbertson - Lawyers for the...

Massachusetts Court Applies Litigation Privilege to Dismiss Claims Against Attorney Accused of Fraudulent Activity During Trial

Plaintiffs in the case were creditors of William von Thaden, who was married to Kimberly von Thaden until their divorce in 2017. The defendant, Michael I. Flores (defendant), represented Kimberly in the underlying divorce...more

Patrick Malone & Associates P.C. | DC Injury...

With 350 lawsuits filed, hospital now can’t ignore outcry over orthopedist

​​​​​​​The nurses complained, and so did a handful of doctors. The patients howled. Yet, for years, administrators at a Florida hospital ignored the repeated alarms, critics say....more

Charles E. Rounds, Jr. - Suffolk University...

Echoes of the Doctrine of Worthier Title in current trust law

In §5.2 of Loring and Rounds: A Trustee’s Handbook (2022) we consider those trusts whose remaindermen are to be determined by reference to formulas set forth in intestacy statutes, provisions such as “upon the death of the...more

Melito & Adolfsen

Investigating and Defending Nurse Homes in Cases of Severe Pressure Ulcers

Melito & Adolfsen on

When a resident of a nursing home suffers from severe pressure ulcers any claim against the facility may initially seem indefensible. But careful evaluation of the record may very well show that not to be the case. If there...more

Hinshaw & Culbertson - Lawyers for the...

Pennsylvania Allows Suit Against Attorneys for "Bad Settlements" Where Fraud/Negligence Alleged

The Supreme Court of Pennsylvania considered whether plaintiff's legal malpractice claims against defendants—her former attorneys—were barred under the court's decision in Muhammad v. Strassburger, McKenna, Messer, Shilobod &...more

Jones, Skelton & Hochuli, P.L.C.

Arizona Court of Appeals Addresses Apparent Agency and Enterprise Liability in Hospital Case

In a recent decision, the Arizona Court of Appeals clarified the proper test for the existence of apparent agency, and emphasized that courts should not use a respondeat superior (vicarious liability) rationale to determine...more

Charles E. Rounds, Jr. - Suffolk University...

A trust in mid-course is declared void ab initio by the equity court: What now happens to the property?

Assume an irrevocable inter vivos trust has been up and running for some time now, at least it has the outward trappings of a trust. It was ostensibly created not via declaration but via a transfer of property from the...more

Novack and Macey LLP

Defendant’s Failure to Keep Quiet Negates His Legal Malpractice Claim

Novack and Macey LLP on

On May 12, 2022, the Appellate Court of Illinois, First District decided 3Red Grp. of Illinois, LLC v. Johnson, 2022 IL App (1st) 200593-U, ¶ 2. The opinion is the latest decision related to a complex and drawn out dispute...more

Charles E. Rounds, Jr. - Suffolk University...

Merger Doctrine, the Common Trust Fund, the Trusteed Mutual Fund, Common-Fund Doctrine, Combining Trusts, Common Fund of Related...

The answer is the common-fund doctrine, which relates not to asset management but to whether a trust beneficiary who brings an action involving the trust may be reimbursed from the trust estate for his or her attorneys’ fees....more

Rumberger | Kirk

Florida Supreme Court Resolves Conflict Among District Courts of Appeal over MedMal Notice Period

Rumberger | Kirk on

What’s the difference between too late and just in time? The Supreme Court of Florida just decided that a medical malpractice plaintiff who mails the required presuit notice before the expiration of the statute of...more

Charles E. Rounds, Jr. - Suffolk University...

Vulnerability of a trust that had been revocable and funded by settlor inter vivos to postmortem spousal election generally...

In an ever-increasing number of jurisdictions, the surviving spouse of the settlor of an inter vivos trust, via the spousal election statute, may be afforded postmortem access to the trust property, provided the deceased...more

Ward and Smith, P.A.

Responding to a Complaint to the Medical Board

Ward and Smith, P.A. on

Receiving a letter from the North Carolina Medical Board (the "Board") that a complaint has been filed against you is distressing.  It often provokes a mix of emotions, ranging from anger to worry; however, it is a...more

Charles E. Rounds, Jr. - Suffolk University...

Statutes of limitations applicable to breach-of-trust actions tweak traditional laches doctrine, not the other way around

For the beneficiary to be prevented by “laches” from holding the trustee liable for a breach of trust, the beneficiary must have so delayed in bringing an action against the trustee that it would be inequitable to permit the...more

Bricker & Eckler LLP

Malpractice does not equal murder

Bricker & Eckler LLP on

There have been two recent attempts to pursue criminal charges against medical providers that garnered national publicity. The question is whether these two cases are outliers or a sign of things to come....more

Hinshaw & Culbertson - Lawyers for the...

Plaintiffs' Lack of Diligence Defeats Fraudulent Concealment Claim and Precludes Tolling of Statute of Repose

Brief Summary - Three brothers—Bruce, Brad, and Brian Brandolino (plaintiffs)—held remainder interests in a piece of real property (Property) which their father sold to a bank in 2005. In 2019, plaintiffs sued the...more

Charles E. Rounds, Jr. - Suffolk University...

The contingent remainder beneficiaries of an irrevocable trust may seek judicial enforcement of its terms during the life of the...

A trust beneficiary's interest is an equitable property interest. It can be a present interest or a future interest, and, whether vested or contingent, the interest is property. Even a contingent equitable remainder-in-corpus...more

Lathrop GPM

Minnesota "Shock Verdict”: $111 Million Medical Malpractice Jury Verdict

Lathrop GPM on

On May 17, 2022, in Thapa v. St. Cloud Orthopedic Associates, a federal jury awarded a landmark $111 million in damages to a patient due to St. Cloud Orthopedic Associates’ (SCO) alleged failure to diagnose and appropriately...more

Novack and Macey LLP

A Father’s Concealment Cannot Support A Legal Malpractice Claim

Novack and Macey LLP on

On March 1, 2022, the United States District Court for the Northern District of Illinois, Eastern Division dismissed brothers and Plaintiffs Bruce, Brad and Brain Brandolino’s (collectively “Plaintiffs”) legal malpractice...more

Patrick Malone & Associates P.C. | DC Injury...

For UCLA and Southern Baptists, sexual abuse scandals exact big toll

The University of California has agreed to pay yet more to hundreds of women patients who have credibly accused a UCLA gynecologist of sexual wrongdoing, with the now $700 million in approved settlements setting what is...more

Charles E. Rounds, Jr. - Suffolk University...

Remedying wrongful interferences in the making of gifts, whether outright or in trust: Equity’s venerable unjust enrichment...

Deep In the bowels of the Restatement (Second) of Torts (1979), specifically § 774B, is some law that is poorly coordinated with prevailing relevant equity doctrine. Here it is: “One who by fraud, duress or other tortious...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: No Fly and State Rules

This week, the Ninth Circuit again revives a plaintiff’s challenge to the government’s (since revoked) decision to place him on the No Fly List, and it wrestles with the application of Washington State’s procedural...more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

Conn Kavanaugh on

The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

Novack and Macey LLP

Legal Malpractice Experts Must Be Reliable

Novack and Macey LLP on

In Signal Fin. Holdings LLC v. Looking Glass Fin. LLC, the United States District Court, Northern District of Illinois, Eastern Division ruled on four motions regarding the admissibility of expert witnesses in a legal...more

Arnall Golden Gregory LLP

Supreme Court To Hear Case Regarding Section 1983 Enforcement of FNHRA Violations

The Supreme Court, on May 2, 2022, granted certiorari to consider whether certain provisions in the Federal Nursing Home Reform Act (“FNHRA”) create rights that are federally enforceable by nursing home residents under 42...more

Hinshaw & Culbertson - Lawyers for the...

Summary Judgment Granted in Defendants' Favor Because There Was No Attorney-Client Relationship Between Plaintiffs And Defendants

Plaintiffs, Jet Leasing Support Services USA, Inc. (Jet Leasing) and Uwa S. Amadasu (collectively "plaintiffs") claimed that a law firm, Curcio Mirzaian Sirot LLC, and firm partner Aristotle G. Mirzaian (collectively...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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