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Offit Kurman

Pennsylvania Supreme Court Decision Supports Legislative Finality Created by Statute of Repose

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In a welcome development for Pennsylvania’s construction industry, the Pennsylvania Supreme Court’s recent decision in Gidor v. Mangus reinforces the integrity of legislatively adopted Statutes of Repose. On October 23, 2025,...more

Bradley Arant Boult Cummings LLP

Accounting Firms Face Increased Exposure to Securities Fraud Claims after Supreme Court Declines to Take Appeal

On October 6, 2025, the U.S. Supreme Court denied a petition for certiorari in BDO USA,LLP v. New England Carpenters Guaranteed Annuity and Pension Funds, No. 24-1151, a closely watched case involving securities fraud claims...more

Wiley Rein LLP

Eleventh Circuit Splits Single Lawsuit into Multiple “Claims” When Applying Misappropriation Exclusion and Determining Duty to...

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The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a...more

Goldberg Segalla

No Privity, No Claim?

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The defense of legal malpractice claims often hinges on a deceptively simple question: did the attorney breach their duty owed to their client?...more

Wiley Rein LLP

Interrelated Claims Provision Bars Coverage for Client’s Claim Tied to Broker’s Pre-Hire Conduct

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The U.S. District Court for the Eastern District of New York, applying California law, held that an insured financial services company was not entitled to coverage under its professional liability policy for a client’s claim...more

Marshall Dennehey

Duty Owed to Substance Abuse and Suicidal Patients: New Court Ruling Lays Out a Duty Providers Have to a Patient Prior to...

Marshall Dennehey on

Robert C. Burley, Personal Representative for the Estate of Anthony Burley v. The Village South, Inc., 407 So.3d 572 (Fla. 3d DCA 2025) - The Third District Court of Appeal reversed an order granting summary judgment in favor...more

Searcy Denney Scarola Barnhart & Shipley

Do You Have a Defective Drug Claim or a Medical Malpractice Claim?

If you have experienced serious or life-altering complications from a drug that your doctor prescribed, you may be entitled to financial compensation for your financial and non-financial losses. ...more

Goldberg Segalla

The Pitfalls of Litigation Funding

Goldberg Segalla on

Over the past decade, there has been a substantial rise in the number of attorneys using litigation funding to help prosecute or defend a case. This area is largely unregulated in New York. While this new way of practicing...more

Marshall Dennehey

Another Ohio District Court Rules that the Non-Economic Damages Cap on Catastrophic Medical Injuries is Unconstitutional as...

Marshall Dennehey on

Lyon v. Riverside Methodist Hospital, (10th Dist.), 2025-Ohio-2991 -Following the 8th District Court of Appeals’ ruling in Paganini v. Cataract Eye Center of Cleveland earlier this year, the 10th District has likewise ruled...more

Marshall Dennehey

Claims for a Hospital’s Negligent Credentialing Must Be Addressed With Sufficient Facts in a Corroborating Expert Affidavit During...

Marshall Dennehey on

Angel Tomas v. Dmitry Sandler, DPM, et al., 406 So.3d 1089 (Fla. 3d DCA 2025) - The Third District Court of Appeal affirmed a motion to dismiss related to a negligent credentialing claim on the basis that the presuit...more

Freeman Mathis & Gary

Limited scope of engagement bars claim against attorney

Freeman Mathis & Gary on

A Massachusetts Superior Court judge recently granted a defense motion for judgment on the pleadings in Orbian v. Burns & Levinson. The decision reminds us of the importance of lawyers understanding and adhering to the scope...more

Clark Hill PLC

Colorado damage caps: Supreme Court upholds $40 million medical malpractice award

Clark Hill PLC on

On October 20, the Colorado Supreme Court unanimously affirmed a $40 million medical malpractice verdict, clarifying when and how juries – not judges – should determine damages in catastrophic injury cases that exceed the...more

Marshall Dennehey

A Jury Does Not Need to Make an Express Finding of Liability as to Each Defendant to Establish a Hospital’s Vicarious Liability...

Marshall Dennehey on

Hagans v. Hospital of the University of Pennsylvania, 2025 Pa. Super. 142 (July 10, 2025) - The Superior Court affirmed the order of the Philadelphia County Court of Common Pleas denying the defendant-hospital’s motions for...more

Miles Mediation & Arbitration

[Event] Beyond the Courtroom: First Annual Medical Malpractice CLE - October 29th, Atlanta, GA

Premier legal seminar designed exclusively for high-level medical malpractice/healthcare practitioners. This complimentary CLE presents an unparalleled opportunity for seasoned professionals to converge and share the wealth...more

Marshall Dennehey

Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel

Marshall Dennehey on

Hernandez v. Baird Mandalas Brockstedt & Federico, LLC, 2025 WL 1304194 (Del. May 6, 2025) - The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral...more

Robinson+Cole Data Privacy + Security Insider

MA Office of Bar Counsel Pens Guidance for Lawyers Using AI

Continuing the weekly blog posts about lawyers using AI and getting in trouble, the Massachusetts Office of Bar Counsel recently issued an article entitled “Two Years of Fake Cases and the Courts are Ratcheting Up the...more

Stoel Rives LLP

Walking the Tightrope on Physician Employment Verification and Credentialing

Stoel Rives LLP on

When hospitals credential physicians, employers are often asked to complete attestation forms that might look like simple employment verifications. But sometimes, those forms go much further, crossing into opinion and...more

Lathrop GPM

North Carolina Federal Court Declines to Dismiss Franchise Disclosure Document Malpractice Suit on Statute of Limitations Grounds

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A federal district court recently denied a law firm’s motion to dismiss a legal malpractice suit against it on statute of limitations grounds. Smash Franchise Partners, LLC v. Barber Power Law Grp., PLLC, 2025 WL 2598369...more

IMS Legal Strategies

Visualizing Injury: How Medical Illustrations Support Expert Testimony

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Clear, compelling visuals can be critical to achieving favorable outcomes in high-stakes disputes. As a Certified Medical Illustrator with more than three decades of litigation support experience, Philip (Phil) Ashley knows...more

Parker Poe Adams & Bernstein LLP

Health Care Providers in North Carolina Remain Protected by Damages Cap

Through a statute enacted over a decade ago, North Carolina law limits medical-malpractice defendants’ liability for noneconomic damages (such as pain and suffering) to a statutory maximum. The limit applies unless the...more

Robinson+Cole Data Privacy + Security Insider

More Sanctions + Inquiries Against Lawyers + Judges for Cite Hallucinations

U.S. District Judge Amit P. Mehta sanctioned an attorney who filed a brief containing erroneous citations in every case cited after the attorney admitted to relying on generative AI to write the brief. The attorney had used...more

McCarter & English, LLP

Mind the AI Gap and Keep Pace

More and more companies are using artificial intelligence tools like generative AI in their normal course of operations, including for hiring, pricing, and fraud detection. As businesses identify and implement new uses for...more

Wiley Rein LLP

Misappropriation of Funds Exclusion Bars Coverage for a Negligent Background Check that Led to Hiring of Embezzler

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The United States District Court for the Eastern District of California, applying California law, has held that a misappropriation of funds exclusion barred coverage under an E&O policy for a claim against a company that...more

Whiteford

Client Alert: Virginia Legislative Updates for Trust and Estate Litigation: 2025

Whiteford on

The Virginia General Assembly passed several laws that affect trust and estate litigation in Virginia in 2025. They include more protections for estate planners, simplification of transfer-on-death deed revocation under...more

Wiley Rein LLP

Known Risk, No Coverage: Prior Knowledge Exclusion Applies Based on Probate Allegations

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The United States District Court for the District of New Jersey, applying New Jersey law, has held that a prior knowledge exclusion barred coverage for a legal malpractice claim arising from a probate dispute because a...more

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