News & Analysis as of

Professional Liability

?The Best Defense is a Good Offense When it Comes to the Medical Professional Liability Act

by Steptoe & Johnson PLLC on

A recent decision by the W. Va. Supreme Court of Appeals confirms the importance of pre-suit notice and the viability of a motion to dismiss in challenging claimants’ actions arising under the Medical Professional Liability...more

[Event] The 2018 Accountant Liability Seminar: Knowing the Rules, Playing to Win - June 21st, Waltham, Massachusetts

by LeClairRyan on

Sports and business – there’s always an analogy ready to bring things into quick perspective. Gems like, “The batter really hit it out of the park” or “knocked the cover off the ball!” But the legal game may not always be so...more

Benefits of a well crafted release: Biancaniello v. DMCT LLP

by Dentons on

A release is a contract that relieves one or more parties of future liability surrounding certain incidents. Parties often use releases in the context of settlements, to avoid future litigation in connection with the...more

The Italian Supreme Court rules on the liability of broadcasters for unlawful advertising of medical devices

by Hogan Lovells on

By decision No. 10892 published on 7 May 2018, the Italian Supreme Court ruled on an appeal brought by the Ministry of Health against a decision of the appellate Court of Padua in a case concerning the administrative...more

5 Tips For Defending An Accounting Malpractice Claim

To a professional accountant or tax adviser whose career is built on providing clients sound advice, the prospect of a client suffering a loss due to their faulty opinion ranks as the worst possible fear. If an accountant’s...more

New York Court Finds Coverage for TCPA Claims

A New York federal district court recently held that US Coachways, a bus charter broker, was entitled to coverage under its professional liability policy for the costs paid to settle a TCPA class action arising from the...more

US District Court Holds Medical Executive Committees Can Sue And Be Sued

On April 27, 2018, the United States District Court for the District of New Jersey held that the Medical Executive Committee (“MEC”) of a hospital, which is comprised of doctors that decide who is given privileges within the...more

A Critical Law Firm Risk Management Story: Confirming The Client's Plan To Perform Tasks On Its Own

by Pullman & Comley, LLC on

A recent decision by the New York State Appellate Court highlights why a law firm should precisely identify in its written engagement agreement what tasks the client should and should not expect the firm will perform. Genesis...more

Professional Liability Claim Against Accountant for Failure to Procure Insurance Limits Accrues when Insurer Pays Lesser Amount,...

In Lederer v. Gursey Schneider (No.B276266, filed 4/19/18), the Second Appellate District ruled that the statute of limitations on a cause of action for professional malpractice against an accounting firm for failing to...more

Unstable Foundations: Following Industry Standards During Design Not Enough to Absolve Design/Build Contractor of Liability -...

MT Højgaard A/S (Respondent) v E.ON Climate & Renewables UK Robin Rigg East Limited, involved the construction of foundation structures for an offshore wind farm. The Supreme Court of the United Kingdom analyzed whether a...more

Liability risks at every port along the opiate stream

by Bricker & Eckler LLP on

Legal liability associated with the ever-evolving opiate epidemic is continually changing and expanding. Initially, the focus was on internet pharmacies for their dispensing activities....more

Drawing A Line In The Sand: The Second Circuit Tries To Define Where D&O Coverage Ends And E&O Coverage Begins

by Carlton Fields on

Policyholders often obtain both errors and omissions (E&O) and directors and officers (D&O) liability insurance policies because they provide complementary coverage. ...more

Sixth Circuit Adopts “Insured Friendly” Interpretation of Professional Liability Policy

by Reminger Co., LPA on

Policyholders who are insured under claims made professional liability insurance policies often struggle with the issue as to when they are required to report knowledge of a potential claim to their insurance company. ...more

Big Data and the Risks of Insider Trading

In the perennial quest for alpha, investment managers have turned increasingly to big and alternative data for market insights. The most prominent consumers of this data on Wall Street are managers of ‘‘quant’’ funds, which...more

Practice Pointers for Experts in Legal Malpractice Cases

by Reminger Co., LPA on

Legal Professional Liability Newsletter, 1st Quarter 2018 - Let’s face it – attorneys within the plaintiffs’ bar are not clamoring to be known as experts with respect to plaintiff legal malpractice claims. No one wants to...more

Minimizing Liability For Business Associate Misconduct

by Holland & Hart LLP on

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Frivolous? My Client Told Me So

by Reminger Co., LPA on

Parties who are involved in lawsuits are constantly seeking repercussions against the party raising claims against them. A party feeling wrongly accused of wrong doing often seeks to recover costs by asserting the claims...more

New York Court Holds No Coverage for Criminal Proceeding

In its recent decision in Certified Environmental Services, Inc. v. Endurance Am. Ins. Co., 2018 N.Y. App. Div. 704 (4th Dep’t Feb. 2, 2018), the Supreme Court of New York, Appellate Division, Fourth Department, had occasion...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

Eigen schuld, dikke bult (Dutch)

by Dentons on

In many professional liability cases, a claim is claimed by an injured party to the effect that the relevant professional is liable to the injured party and must compensate his or her loss "to be made more detailed by state"....more

Mississippi Federal District Court Permits General Contractor’s Negligence Claim to Proceed Against Project Consultant Given...

by Pepper Hamilton LLP on

S. Indus. Contractors, LLC v. Neel-Schaffer, Inc., No. 1:17CV255-LG-JCG, 2017 U.S. Dist. LEXIS 196804 (S.D. Miss. Nov. 30, 2017) - This case arises out of the West Pier Facilities project at the Port of Gulfport,...more

You're Facing a Malpractice Claim; Don't Make a Bad Situation Worse

by Dentons on

Receiving a legal-malpractice claim threatening potential litigation can be scary. While many attorneys take steps to avoid such claims, few have a plan for what to do after they receive one. Reviewing any applicable...more

Discovery Rule Supersedes Tolling of Certain Limitations Periods Due to Fiduciary Relationship Between Client and Professional...

In Choi v. Sagemark Consulting, et al. (No. H041569, filed 11/16/17, certified for publication 12/11/17), the Sixth Appellate District affirmed a trial court’s grant of summary judgment in favor of financial advisor...more

Court Awards Summary Judgment on Prior Knowledge Limitation of Professional Liability Policy

In Admiral Ins. Co. v. Superior Court (No. D072267, filed 11/21/17, ord. pub. 12/12/17), a California appeals court held that an application question about prior knowledge of facts that could give rise to a “malpractice...more

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