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Morgan Lewis - Shifting Sands Of Labor Law

ADGM Court’s Judgment Serves as a Warning Regarding Proper Use of AI

The Abu Dhabi Global Market (ADGM) Court has issued a detailed costs judgment that doubles as a practical guide for lawyers on the responsible use of artificial intelligence (AI) in litigation....more

Marshall Dennehey

Superior Court Holds that Gist of the Action Doctrine Does Not Bar Breach of Contract Claims Sounding in Professional Negligence

Marshall Dennehey on

Poteat v. Asteak, --- A.3d ---, 2025 PA Super 277 (Pa. Super., Dec. 11, 2025) - A trial court’s grant of preliminary objections in a breach of contract action brought against the plaintiff’s former attorneys was reversed...more

Vinson & Elkins LLP

Vinson & Elkins’ Law Firm Defense Annual Review of Texas Professional-Liability Opinions

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The Texas attorney immunity doctrine is a defense that generally insulates attorneys from being sued by non-clients for legal work the attorney performed within the scope of representing a client....more

Freeman Mathis & Gary

Big changes in med-mal: SCOTUS bars Delaware’s affidavit-of-merit in Federal Court

Freeman Mathis & Gary on

In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. Delaware law...more

Ward and Smith, P.A.

Supreme Court Confirms That State Affidavit-of-Merit Laws Don’t Apply in Federal Court

Ward and Smith, P.A. on

The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021. What Are Affidavit-of-Merit Requirements?...more

Pullman & Comley - Connecticut Health Law

Key 2025 Connecticut Health Care Case Law

Pullman & Comley’s annual review of significant health care case law highlights important decisions issued in 2025 by Connecticut state courts and the federal District Court in Connecticut....more

Maison Law

Injuries in California Nursing Homes: Who is Liable?

Maison Law on

If you have a friend or loved one who lives in a nursing home, one of your biggest fears likely revolves around the idea that they could become the victim of nursing home abuse. This fear may seem irrational but it is not...more

Herbert Smith Freehills Kramer

UK Insurance & Professional Risks - Annual Review of 2025

I am delighted to introduce the latest edition of our Insurance & Professional Risks Annual Review which explores the key decisions and developments impacting the insurance sector from 2025. The Review provides an overview of...more

Genova Burns LLC

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy over State Affidavit Requirements

Genova Burns LLC on

In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an “affidavit of merit” or similar document at an early stage of the case. ...more

McGuireWoods LLP

High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits

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The Supreme Court’s decision on January 26, 2026, in Berk v. Choy should put to rest the long‑running debate over whether state-law certificate of merit requirements apply in federal court. Under the Court’s straightforward...more

Goldberg Segalla

New York Court Clarifies When Broker E&O Claims Accrue in Coverage-Disclaimer Cases

Goldberg Segalla on

One of the questions that must always be considered with regard to professional liability claims is when the claim accrues for purposes of applicable statutes of limitations. In insurance broker E&O claims involving policies...more

McDonald Hopkins

From informed consent to code: Clinical risk management tools for anesthesiologists

McDonald Hopkins on

Anesthesiologists and surgeons are increasingly caught in high‑stakes perioperative situations where the law and the facts are not very clear, especially around informed consent, advance directives, powers of attorney, and...more

BCLP

Without Prejudice, Confidentiality and Professional Standards: Reflections on Hurst v SRA

BCLP on

The High Court’s decision in Ashley Hurst v Solicitors Regulation Authority [2026] EWHC 85 (Admin) marks a significant development for solicitors engaged in reputation management work. ...more

Benesch

Early Evidence? Not in This Court!: Supreme Court Clarifies Federal Rules Govern Over State Law

Benesch on

In Berk v. Choy, the Supreme Court held that a Delaware state law that requires plaintiffs bringing medical malpractice claims to set forth evidence of the suit’s merits via an affidavit of merit early in the case was...more

White and Williams LLP

In a Rare Display of Unanimity, the U.S. Supreme Court Rules That State Affidavit of Merit Requirements Do Not Apply in Federal...

White and Williams LLP on

This past October, we reported on the United States Supreme Court’s decision to grant certiorari to resolve a long-standing dispute among federal circuit courts as to whether state affidavit of merit requirements apply to...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

Florida Court Warns Attorneys: Verify AI-Generated Citations or Face Discipline - Russell v. Mells, Fla. 2d DCA, No. 2D2024-1560, 2025 WL 3533637, Dec. 10, 2025  - More and more, judges are referring attorneys to the bar for...more

Marshall Dennehey

Pennsylvania Bar Association Formal Opinion 2025-100 Reinforces Written Fee Agreements as Essential for Compliance and Risk...

Marshall Dennehey on

In Formal Opinion 2025-100, the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility emphasizes the importance of written fee arrangements. The recent Opinion clarifies the minimum...more

Marshall Dennehey

California Supreme Court Rejects Automatic Expungement of Attorney Disciplinary Records

Marshall Dennehey on

Last year, we reported on a California State Bar initiative to expunge attorney discipline records, other than disbarment, after eight years. See Legal Updates for Lawyers’ Professional Liability – February 2025. The proposed...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 3, Issue 1, 2026

Welcome to our first issue of 2026 of The Health Record -- our healthcare law insights e-newsletter. We have been publishing The Health Record for three years and we hope you find it informative and helpful. We appreciate you...more

Swope, Rodante P.A.

If Florida Is Truly Pro Life, Every Life Must Count, Even After Death

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Florida remains the only state in the country that denies families the right to pursue a medical malpractice claim when an adult dies with no spouse and no children....more

Wiley Rein LLP

No Coverage for Claim Made During Policy Period but Reported After Policy Period

Wiley Rein LLP on

The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that there is no coverage under a claims-made policy for a claim made during the policy period but reported after the policy...more

EDRM - Electronic Discovery Reference Model

AI Hallucinations, Sanctions, and Context: What a Florida Disciplinary Case Really Teaches

There is no doubt that artificial intelligence now offers a powerful upside for high-level legal work. Since the widespread availability of generative AI, legal scholars, technologists, and product developers have...more

Miles Mediation & Arbitration

Application of the Economic Loss Rule in Texas

The economic loss rule provides a limitation on damages in cases alleging both breach of contract and certain other causes of action sounding in tort, by precluding a party’s recovery of damages when the only economic loss is...more

Maison Law

The Four Components of Negligence in California Personal Injury Cases

Maison Law on

If you've suffered an injury in California and you're pursuing damages through the courts, you'll need to familiarize yourself with the concept of negligence. The word itself refers to someone failing to exercise due care in...more

Roetzel & Andress

Understanding the IDFPR Investigation and Complaint Process: The Basics for Health Care Providers

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Have you received a call from an investigator or prosecutor at the Illinois Department of Financial and Professional Regulation (“IDFPR” or “Department”)? While not a welcome event, there are several important things to...more

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