News & Analysis as of

Professional Negligence

Marshall Dennehey

New Jersey Defines When Attorneys Owe Duties to Non‑Client

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Christakos v. Boyadjis, 262 N.J. 447 (2026) - When does an attorney owe a non-client a duty of care? And when can that non-client bring forth an action for legal malpractice? Christakos v. Boyadjis, 262 N.J. 447 (2026),...more

Troutman Amin LLP

TIME FOR #BIGLAW TO CALL THEIR MALPRACTICE INSURERS?: Court Holds Privileged Information Shared with Gen AI May Lose its...

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Just a reminder that Troutman Amin, LLP issued a press release IN JANUARY that it would NEVER allow its lawyers to use GenAi for substantive legal work....more

Rivkin Radler LLP

New Jersey Supreme Court Clarifies Attorney Duties to Non-Clients

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In a recent decision, the New Jersey Supreme Court highlighted the importance of clearly documenting client intent and the limits of an attorney’s duty to non-clients. In Christakos v. Boyadjis, 262 N.J. 447 (2026),...more

Marshall Dennehey

Delaware Superior Court Addresses Continuous Representation Doctrine in Legal Malpractice Case—But Was It Really Applied?

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K. Dyton v. A. Ahern, 2025 WL 3232911 (Del. Super. Ct. Nov. 19, 2025), re-argument denied, 2025 WL 3496991 (Del. Super. Ct. Dec. 5, 2025) - In what the court stated was a matter of first impression, the Delaware Superior...more

Ward and Smith, P.A.

Supreme Court Confirms That State Affidavit-of-Merit Laws Don’t Apply in Federal Court

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The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021. What Are Affidavit-of-Merit Requirements?...more

Hogan Lovells

Construction and Engineering Global Review 2025

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Welcome to our Construction and Engineering Global Review 2025. We hope that you find time as the new year begins to review 2025's most important construction and engineering legal and industry highlights from key...more

Schwabe, Williamson & Wyatt PC

Oregon Supreme Court Expands Medical Professionals’ Ordinary Negligence Liability to Nonpatient Third Parties

On December 11, 2025, the Oregon Supreme Court confirmed that a medical professional can face ordinary negligence claims by nonpatient third parties for physical injuries caused by their patient, at least where the medical...more

Offit Kurman

Trust Structures Under Fire: What High-Net-Worth Divorce Means for Advisers

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What began as a high-asset marital dissolution between John and Laura Overdeck has transformed into a wide-ranging challenge to modern trust planning and the professionals who support it....more

Marshall Dennehey

Q&A with Curi

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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

Phelps Dunbar

Forget Fifth Graders — Are You Smarter Than a CEO?

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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

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

Blake, Cassels & Graydon LLP

Un avocat en Alberta pourrait être condamné personnellement à payer des dépens pour avoir cité des cas hallucinés par l’IA

Le 26 septembre 2025, la Cour d’appel de l’Alberta (la « CAA ») a rendu sa première décision au sujet des fausses références que peuvent générer les outils d’intelligence artificielle (« IA ») générative. Ces fausses...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

Marshall Dennehey

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

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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

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

Fox Rothschild LLP

Providing Investment Advisory Services in North Carolina May be a “Profession,” But Doesn’t Get Limitations Period for...

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Investment advisors defending fraud claims from a former client recently asked the Business Court to place them within the three-year statute of limitations applicable to those who provide professional services. In Pridgen v....more

Winstead PC

Texas Supreme Court Addresses Informal Fiduciary Relationships and The Fiduciary Duties Owed By Accountants

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In Pitts v. Rivas, Rivas brought claims against his accountants for negligence/malpractice, fraud, breach of fiduciary duty, and breach of contract, based on alleged errors in financial statements that harmed his business....more

Troutman Amin LLP

PROFESSIONAL NEGLIGENCE?: Vonage Failed to Honor DNC Requests in a Manner Leading to TCPA Class Action New Lawsuit Claims

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So I was reviewing a $90+MM telecommunications services contract for a major brand yesterday. $90MM folks. The money in this industry is insane. But so are the stakes. Fail to set up your system right and face a TCPA class...more

BCLP

Fake Legal Authorities – AI Hallucination or Professional Negligence?

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Artificial intelligence (“AI”) has the potential to make significant changes to various aspects of the practice of law. It is possible that many lawyers will incorporate AI in doing legal work, one way or the other and to...more

White and Williams LLP

In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically  

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In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more

Marshall Dennehey

Key New Jersey Appellate Win Secured in Legal Malpractice Action

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A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more

Davis Wright Tremaine LLP

Uncharted Territory: Are Geotechnical Inspectors Liable to Non-Contracting Parties – Including Property Owners?

Historically in California, professional negligence cases were limited to parties who had contracted with each other. The theory was that if a professional didn't have a contract with the plaintiff, then the professional did...more

Hinshaw & Culbertson - Lawyers for the...

Continuous Representation Rule Does Not Extend the Statute of Limitations in Legal Malpractice Claims

Davis, et. al. v. Hayes Hofler, P.A., 2024 N.C. App. LEXIS 11 (Ct. App. January 2, 2024) - Brief Summary - The North Carolina Court of Appeals aligned itself with the minority view by holding that the continuous...more

Marshall Dennehey

Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design...

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American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023) - Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related...more

Saiber LLC

The Saiber Construction Law Column: June 2023

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A statute of limitations is a law that sets the maximum amount of time that parties to a dispute have to file a formal legal proceeding to resolve the dispute. In New Jersey, the statute of limitations for bringing a...more

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