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Pollock Cohen LLP

What I Wish I Knew Then: Elise Langsam

Pollock Cohen LLP on

My latest “What I Wish I Knew Then" column in the New York Law Journal features an interview with Elise Langsam. Elise is a sole practitioner who specializes in personal injury and medical malpractice cases. Her early...more

Marshall Dennehey

Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient

Marshall Dennehey on

Ritz v. Ramsay, 305 A.3d 1056 (Pa. Super. 2023) - The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic. Ramsay had been given an unusually...more

White and Williams LLP

Revisiting the Treating Physician Rule: PA Supreme Court Limits Ability of Defense Counsel to Represent Nonparty Treating...

Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme...more

Freiberger Haber LLP

Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

Freiberger Haber LLP on

Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law. It is encouraged...more

Bressler, Amery & Ross, P.C.

Florida’s Third District Court of Appeal Overturns AAA Arbitration Award based on Claimant’s Failure to Affirmatively Plead Claim...

On June 12, 2024, Florida’s Third District Court of Appeal vacated a $1.5 million legal malpractice arbitration award, holding the arbitrator unfairly considered an unpled theory of relief when rendering an award in favor of...more

Miles Mediation & Arbitration

Medical Malpractice Law: A Brief Look at Current Issues and the Value of Mediation

While the fact pattern of every medical malpractice case may be different, these cases often feature complicated medical issues, heightened emotions, and millions, even tens of millions, of dollars in claimed damages. An...more


Call and Wait: What is a Conflict Check?

Dentons on

You decide you want a divorce, or your spouse tells you they want a divorce. You are served divorce papers from a process server or law enforcement. You want help now. You do not want to wait. Folks dealing with divorce...more

Marshall Dennehey

An “Almost Perfect Storm of Events” Warranted Additional Time to File an Affidavit of Merit

Marshall Dennehey on

Gonzalez v. Maher Ibrahim, et al., No. A-3719-22, 2024 WL 649332 (N.J. App. Div. Feb. 16, 2024) (approved for publication) - The plaintiff and her husband, by way of a per quod claim, initiated a medical malpractice action...more

Hinshaw & Culbertson - Lawyers for the...

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more

Kerr Russell

Should You Respond to a Notice of Intent to File a Medical Malpractice Action?

Kerr Russell on

In Michigan, a claimant must provide each allegedly negligent healthcare professional or facility with advance notice of the suit before commencing a medical malpractice action. The “notice of intent” must describe what...more

Epstein Becker & Green

Receive Specialized Care, Provide Specialized Testimony: New Jersey Court Says Medical Malpractice Expert Witness Must Have...

Epstein Becker & Green on

To diminish the number of frivolous lawsuits that patients file against doctors and hospitals, 28 states require that a plaintiff submit an affidavit or certificate of merit when they file a medical malpractice case....more

Marshall Dennehey

Pennsylvania Superior Court Holds that, Under Section 311 of MCARE, Matters Reviewed Do Not Require a Document Be Specifically...

Marshall Dennehey on

Lahr v. Lehigh Valley Hosp., Inc., 2023 WL 8665017 (Pa. Super. Dec. 15, 2023) - The trial court had ordered production of patient safety reports which were (i) prepared in accordance with MCARE, (ii) intended to be...more

Marshall Dennehey

Pennsylvania Supreme Court Holds that No Felony Conviction Recovery Rule Barred Medical Malpractice and Indemnification Claims

Marshall Dennehey on

Dinardo v. Kohler, 304 A.3d 1187 (Pa. 2023) - Both the trial court and the Superior Court found that the plaintiff’s claims were barred by the no felony conviction recovery rule. The plaintiff filed a medical malpractice suit...more

Bennett Jones LLP

Duty Calls: BCCA Considers Duty of Care Owed by Structural Consultants to Building Owners

Bennett Jones LLP on

Centurion Apartment Properties Limited Partnership v Sorenson Trilogy Ltd., 2024 BCCA 25 - The British Columbia Court of Appeal (BCCA) recently held that structural consultants have a prima facie duty of care to the owner...more


Massachusetts Attorney General’s Office Indicting Dental Providers for Fraud and Patient Harm. Behavioral Health Providers Are on...

Mintz on

True to their word in several recent public statements, the Chief and Deputy Chief of the Medicaid Fraud Division of the Massachusetts Attorney General's Office have brought several recent criminal cases against dentists for...more

Wiley Rein LLP

Policy Rescinded Based on Insured’s Material Misrepresentation in Renewal Application

Wiley Rein LLP on

An Indiana federal court, applying Indiana law, has held that an insurer could rescind a claims-made-and-reported professional errors and omissions policy based on misrepresentations made by the insured in the policy renewal...more

Ward and Smith, P.A.

Navigating the National Practitioner Data Bank: A Guide for Healthcare Professionals (NPDB or Data Bank).

Ward and Smith, P.A. on

Few aspects of the healthcare regulatory apparatus evoke more confusion and dread for healthcare practitioners than the National Practitioner Data Bank (NPDB or Data Bank).  Being reported to the Data Bank is often regarded...more

Zelle  LLP

Narcissistic Lawyers and Artificial Intelligence: A band of dysfunctional brothers?

Zelle LLP on

“Your honor, no artificial intelligence was used to generate content in this document. However, we would also like to disclose that there is someone in the courtroom who exhibits highly narcissistic traits and, therefore, is...more

Marshall Dennehey

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

Marshall Dennehey on

On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...more

Goldberg Segalla

A Worrying Trend? Legal Malpractice Payouts Soar

Goldberg Segalla on

Uh oh. Surveyed legal malpractice insurance carriers pointed to sympathetic jurors and aversion to trying cases as possible explanations for an “all-time high” in claims payouts despite similar year-over-year volume....more

Wiley Rein LLP

Business Enterprise Exclusion Bars Coverage for Claim Arising out of Conduct Related to Joint Venture

Wiley Rein LLP on

The United States District Court for the Middle District of Florida, applying Florida law, has held that a Business Enterprise exclusion in a professional liability policy barred coverage for claims brought against a law firm...more

Fox Rothschild LLP

Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era Healthcare

Fox Rothschild LLP on

The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute. In May 2020, the pandemic was raging. Our General...more

EDRM - Electronic Discovery Reference Model

[Webinar] "My AI Did It!" Is No Excuse for Unethical or Unprofessional Conduct: Consideration of recent case law and ethics...

Consideration of ethical and professional issues raised by Florida attorneys use of AI, including the following: - Florida Bar Ethics Opinion 24-1 (01/19/24). (Copy to be provided for download.) Overview of the opinion...more

Wiley Rein LLP

No Coverage for Claim That Related Back to Prior Policy Period

Wiley Rein LLP on

The United States District Court for the District of New Jersey, applying New Jersey law, granted an insurer’s motion for summary judgment, finding that an insured’s claim related back to a prior policy period when the...more

Goodell, DeVries, Leech & Dann, LLP

Timely Good-Faith Efforts to Make Restitution in Attorney Discipline Cases

When fashioning a sanction in attorney discipline cases, the Supreme Court will consider both aggravating factors and mitigating factors. Bar Counsel must prove any aggravating factors by clear and convincing evidence, and...more

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Updated: Dec 28, 2021:

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

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

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Updates to This Policy

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Contacting JD Supra

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