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Professional Liability Appellate Courts

Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

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In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more

Offit Kurman

Future of Pennsylvania’s Construction Statute of Repose Hinges on Pennsylvania Supreme Court Ruling

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The Pennsylvania Supreme Court will decide a pivotal case that could significantly impact the construction industry and the application of the state’s construction Statute of Repose. Aloia v. Diamant raises key questions...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more

Wiley Rein LLP

New Jersey Appellate Court Affirms Rescission of Policies Based on Law Firm’s Misrepresentation in Applications

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In a win for Wiley’s client, a New Jersey appellate court, applying New Jersey law, affirmed a trial court’s decision rescinding four lawyer’s professional liability policies because of material misrepresentations made in the...more

Clark Hill PLC

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

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As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more

Hinshaw & Culbertson - Lawyers for the...

Do Illinois Attorneys Have a Duty to Assess Their Client's Mental Competence?

In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged...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

Steptoe & Johnson PLLC

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to...

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If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more

Rivkin Radler LLP

Insurance Update - May 2023

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Additional insured disputes can sometimes get complicated. How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised...more

Hinshaw & Culbertson - Lawyers for the...

Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and...

Baum v. Becker & Poliakoff, P.A., 47 Fla. L. Weekly D2374 (Fla. 5th DCA November 18, 2022) - Plaintiff sued her attorneys for malpractice, arguing that they failed to correct her previous attorneys' mistakes in order to...more

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