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Novack and Macey LLP

Legal Malpractice — What Constitutes a Frivolous Appeal

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In Ring v. Schencker, 2021 IL App (1st) 180909-U, the 1st District Appellate court agreed that a legal malpractice claim requires proof of damages, but was divided on what constitutes a frivolous filling. The majority...more

Law School Toolbox

Law School Toolbox Podcast Episode 318: Listen and Learn -- Negligence: Duties of Professionals and Children

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! In this week's "Listen and Learn" episode, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of Tort Law.  In this episode we...more

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Novack and Macey LLP

Disability Disclosure — What is an Attorney’s Duty?

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Attorneys may have a duty to inform the Probate Division of the Circuit Court of Cook County of a client’s potential mental disability or diminished capacity according to a recent decision by the Illinois Appellate Court....more

Charles E. Rounds, Jr.

Trust-protector jurisprudence lurks not just in statute, the trust being a creature of equity

Charles E. Rounds, Jr. on

The trust relationship being a creature of equity, the rights, duties, obligations, and liabilities of the parties to a particular relationship are governed by principles of the common law, as those principles have been...more

Buckingham, Doolittle & Burroughs, LLC

Legal Pulse: “Active Clinical Practice” Requirements Heightened for Expert Witnesses

A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Reverses Summary Judgment For Defendants On Plaintiffs' Malpractice Claims Stemming From $2.8 Million...

An Illinois appellate court held that the trial court improperly granted summary judgment in defendants' favor based on the six-year statute of repose governing legal malpractice actions and the five-year statute of repose...more

White and Williams LLP

Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove...

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In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly...more

SmithAmundsen LLC

Courts Expand the Indiana Medical Malpractice Act: A “Patient” is No Longer Limited to Recipients of Care

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Within two months, Indiana courts expanded the Indiana Medical Malpractice Act beyond its previous interpretations, raising new risk management concerns for health care providers. In the pivotal 1999 decision in Sword v. NKC...more

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

Aching backs lead to dubious surgeries and billion$ in revenue$

As the nation rapidly grays, not only are middle-aged and older patients undergoing increasing numbers of knee, hip, ankle, and shoulder surgeries, back operations also have spiked - and a significant number of these...more

Novack and Macey LLP

Court Again Affirms Inquiry Notice Standard

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The First District Appellate Court concluded that Plaintiffs, Brian Scheinblum and Chicago Hotel Partners, LLC (“CHP”), did not timely file their legal malpractice complaint against the law firm of Schain Banks Kenny &...more

Hinshaw & Culbertson - Lawyers for the...

Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law

On October 7, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of defendant law firm. The court held the attorneys owed no duty to advise the client to cease an activity...more

Sands Anderson PC

Legal Ethics: In-House Counsel and Sex with the Corporate “Client”

Sands Anderson PC on

On July 21, 2021, the Supreme Court of Virginia rejected without comment a proposed amendment to Rule 1.8, which governs “prohibited transactions.” Specifically, Rule 1.8(k), as proposed, would have provided that: “A lawyer...more

Novack and Macey LLP

Legal Malpractice Claims Do No Always Require An Expert

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The Second District Appellate Court affirmed the circuit court’s decision in Bruning & Associates v. Michael Eversman granting summary judgment to a law firm on its claim for fees and denying the defendant’s malpractice...more

Hinshaw & Culbertson - Lawyers for the...

Marijuana Company's Legal Malpractice Claim Goes Up in Smoke

An Arizona appellate court held that summary judgment was appropriate in a legal malpractice action brought by a medical marijuana company for failure to timely pursue a petition for judicial review where plaintiffs could not...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 147: Listen and Learn -- Negligence: Duties of Professionals and Children

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of tort law.  In this episode, we...more

Novack and Macey LLP

Three Months And A Day Is “More Than” Reasonable

Novack and Macey LLP on

The Second District Appellate Court affirmed the Circuit Court of McHenry County’s decision to not apply the five-year statute of limitations for fraudulent concealment when (1) Plaintiff’s concealment claim was identical to...more

Charles E. Rounds, Jr.

Whether nonfiduciary trusts and quiet trusts are true trusts

Charles E. Rounds, Jr. on

A trust is a fiduciary relationship with respect to property, one that imposes enforceable duties on the titleholder, in this case the trustee. A so-called trust that is unenforceable is a trust in name only. Thus, a...more

Saiber LLC

N.J. Supreme Court Dismisses Disciplinary Charges Against Attorney for Alleged Ethics Violation Involving the Use of Social Media

Saiber LLC on

The June 4, 2020 Trending Law Blog post discussed the New Jersey Supreme Court’s Disciplinary Review Board (“DRB”) recommendation to the Supreme Court that a New Jersey attorney receive an admonition for instructing a...more

Novack and Macey LLP

Accountant’s Assertion that Plaintiff “Potentially [had] A Real Problem” Amounts to Inquiry Notice

Novack and Macey LLP on

In a nineteen-page opinion, the Illinois Appellate Court for the First District affirmed the dismissal of a legal malpractice case against the law firm of Michael Best & Friedrich, LLP as time barred. The court stated that...more

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

Nursing homes misdiagnose and sedate residents with strong drugs but lag on vaccinating staff

The nation’s nursing homes, battered by the coronavirus pandemic, are under more fire for their resurgent reliance on powerful and risky psychiatric drugs and shaky diagnoses of mental illness to treat elderly residents, as...more

Jennings, Strouss & Salmon, PLC

Arizona Supreme Court Limits When Juries Are Allowed to Infer Causation in Medical Malpractice Claims

It is now a little easier for healthcare providers to defend against medical malpractice claims. Last month, in Sampson v. Surgery Ctr. of Peoria, LLC, the Arizona Supreme Court held: If the cause of a patient’s death is...more

Novack and Macey LLP

Claim Based On Failure To Discover Phony Screen Shot Dismissed on Statute of Limitations Grounds

Novack and Macey LLP on

Plaintiff alleged that he retained lawyers to conduct due diligence with respect to film investments he was contemplating. The lawyers allegedly failed to discover that a screen shot of a bank statement provided to prove...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Affirms Summary Judgment For Defendant in Legal Malpractice Action Based on No Duty and No Causation

An Illinois appellate court held that: (1) plaintiffs' motion to amend their complaint was properly denied where the six-year statute of repose (735 ILCS 5/13-214.3(c)) barred the proposed amended claims based (in part) on...more

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

Nursing homes recorded a horrific pandemic toll. But it may be even worse.

In recent days, academic researchers and politicians have made distressing disclosures about the terrible toll the coronavirus pandemic took on the aged, injured, and sick in nursing homes and other long term care facilities...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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

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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.

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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
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

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California Privacy Rights

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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
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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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

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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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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