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Professional Malpractice Constitutional Law

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Bradley Arant Boult Cummings LLP

Relationship Limits: 11th Circuit Reins in Scope of “Relating To” in Insurance Policy Exclusions

Insurers often rely on introductory phrases in exclusions, such as the phrase “relating to,” to expand the scope of exclusions beyond all reasonable bounds. The Eleventh Circuit recently reaffirmed that insurance exclusions —...more

Gordon Rees Scully Mansukhani

Colorado’s Evolving Malpractice Damages Framework: Legislative Increases and Supreme Court Guidance

The landscape surrounding Colorado’s healthcare malpractice damage caps continues to shift. Earlier this year, the Colorado General Assembly enacted wholesale changes to the Health Care Availability Act (HCAA). These changes...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from December 12, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, December 12, which included the following opinions of interest to the Alabama business community...more

Robins Kaplan LLP

Lessons Learned from Our Annual Seminar: Stewardship, Ethics, and Accountability

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At Robins Kaplan’s annual Fiduciary and Wealth Disputes Seminar “What Keeps Fiduciaries Up At Night?” attendees heard from John Taft, Vice Chair at Baird and a 40-year veteran of the financial services industry....more

Morris James LLP

When Anesthesia Errors Lead to Brain Injuries: What You Need to Know

Morris James LLP on

Every patient who undergoes surgery places tremendous trust in the medical team, including the anesthesiologist or CRNA. Anesthesia allows patients to undergo procedures without pain or awareness. It is highly effective but...more

Farrell Fritz, P.C.

The More Things Change, the More They Stay the Same: Proposed Rule Expands Attorneys’ Duty to Check For Errors Resulting From...

Farrell Fritz, P.C. on

Artificial Intelligence is rapidly influencing the legal profession and remains a hot topic for attorneys and the courts. AI has proven useful for everything from routine administrative tasks to case-analysis summaries. It...more

Hogan Lovells

Bar Council’s Updated AI Guidance – Clearer Expectations, Limited Change in Practice

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The Bar Council's November 2025 note on generative AI is an evolution of its original January 2024 paper rather than a wholesale rewrite. The revised document, developed by the Bar Council's IT Panel with input from its...more

Procopio, Cory, Hargreaves & Savitch LLP

AI in the California Legal Profession: Dangers and Guidelines

The use of artificial intelligence (AI) has become prevalent in nearly every sector of society, and the practice of law is no exception. However, as with other technological innovations, the rapid development and refinement...more

Freeman Mathis & Gary

Are you actually covered? A cyber insurance warning for real estate attorneys

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For real estate practitioners, this might be the most important client alert you read this year. Imagine this scenario: you are a real estate closing attorney who has received the funds necessary to pay off a seller’s...more

Husch Blackwell LLP

DEA’s Pending Telemedicine Rule: What Ketamine Clinics Need to Know

Husch Blackwell LLP on

The legal and regulatory landscape for ketamine clinics is shifting once again, as the Drug Enforcement Administration (DEA) prepares to release its “Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for...more

McGuireWoods LLP

Sloppy Transactional Work Leads to a Privilege Mess: Part I

McGuireWoods LLP on

In 2022, Jim Daws agreed to sell his company, Daws Trucking, to Rick Fernandez under an asset purchase agreement (APA). The same law firm represented both parties in the transaction but “fail[ed] to obtain consent to the...more

Morgan Lewis

Ninth Circuit Confirms Securities Act of 1933 Does Not Impose Strict Liability on Auditors

Morgan Lewis on

The US Court of Appeals for the Ninth Circuit recently affirmed dismissal of a securities claim against an auditor, holding it was not strictly liable for alleged misstatements in its client’s initial public offering....more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Superior Court Affirms PSQIA Privilege, Limits MCARE Protection in Boyle Decision

The Pennsylvania Superior Court recently addressed the issue of when defendant health care providers can assert privilege under the MCARE Act and the Patient Safety and Healthcare Quality Improvement Act (PSQIA) to protect...more

Marshall Dennehey

Isn’t That Wunderly? How the Supreme Court’s Interpretation of the Mental Health Procedures Act Positively Impacts Treatment...

Marshall Dennehey on

On October 23, 2025, the Pennsylvania Supreme Court, in a 4-3 decision, reconfirmed the established reach of the immunity afforded by the Mental Health Procedures Act (MHPA), once again noting that “medical treatment that is...more

Marshall Dennehey

Legal Roundup – Ohio - November 2025

Marshall Dennehey on

Another Ohio District Court Rules that the Non-Economic Damages Cap on Catastrophic Medical Injuries Is Unconstitutional as Applied - Lyon v. Riverside Methodist Hospital, (10th Dist.), 2025-Ohio-2991 - Following the 8th...more

Marshall Dennehey

Legal Roundup – Pennsylvania - November 2025

Marshall Dennehey on

Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form - Somerlot v. Jung, 2025 Pa. Super. 166 (July 30, 2025) - The Superior Court of Pennsylvania affirmed the order of the Philadelphia County...more

Marshall Dennehey

An Overview of the Protections Afforded by the Peer Review Protection Act

Marshall Dennehey on

As scientific and medical advancements have accelerated, so has the complexity of medical decision-making, exposing a need for standardization in the United States. In 1952, the Joint Commission created the mandatory clinical...more

Marshall Dennehey

Q&A with Curi

Marshall Dennehey on

To help understand the evolving landscape of medical malpractice, we spoke with the claims management team at Curi, a leader in health care risk and insurance solutions. They offer valuable insights into the complex factors...more

Marshall Dennehey

NJ Appellate Division Affirms Dismissal in Legal Malpractice Action: A “Poster Child” for the Entire Controversy Doctrine and Res...

Marshall Dennehey on

On October 23, 2025, Jack Slimm and Jeremy Zacharias, of our Mount Laurel, NJ office, secured an important decision in the New Jersey Appellate Division on behalf of a law firm and its attorneys. In this action, they...more

Marshall Dennehey

Legal Milestone: Entire Controversy Doctrine Shuts Down Securities Malpractice Appeal

Marshall Dennehey on

Jack and Jeremy successfully defended an appeal arising out of a legal malpractice/securities action in which they were successful at the trial level. The case is noteworthy here because, for the first time in New Jersey in a...more

Marshall Dennehey

Winning Streak Continues: Major Appellate Decision in DEP-Linked Malpractice Suit

Marshall Dennehey on

Jack and Jeremy received their third successful Appellate Division decision within 30 days in a complex legal malpractice action. Frank Castella v. Gerald Lepis was a major case against an attorney arising out of an...more

Zelle  LLP

AI Update: The Growing Trend of AI-Related Insurance Policy Exclusions

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lAs AI use increases in current business operations, insurers are racing to define their risk appetite for this rapidly evolving exposure. Over the past year, several carriers have introduced exclusions and endorsements...more

Phelps Dunbar

Forget Fifth Graders — Are You Smarter Than a CEO?

Phelps Dunbar on

The Supreme Court of South Dakota says that (in certain circumstances) you need to be. That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 2, Issue 11, 2025

In this edition, we look at the rise in the rates of physician attrition across specialties, the impact the federal government shutdown had on telehealth programs, how medical malpractice reforms have affected emergency...more

Freeman Mathis & Gary

Gidor v. Magnus: Pennsylvania Supreme Court clarifies statute of repose for home inspections

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In Gidor v. Magnus, the Pennsylvania Supreme Court addressed whether 68 Pa. C.S. § 7512 (“Section 7512”) of the Pennsylvania Home Inspection Law constitutes a statute of repose or a statute of limitations. The Court held that...more

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