The End of Privity – Some Thoughts

On June 17, 2010 the Court of Appeals determined that the doctrine of privity of contract, which has previously barred an action for legal malpractice against an estate planning attorney by an estate or trust and/or its beneficiaries, no longer applied to an action by an executor. ( Schneider v...

You'd Better Have A Real Expert If You're Making A Malpractice Claim In N.C. Business Court

The Business Court dismissed a legal malpractice claim right before Thanksgiving last week in Inland American Winston Hotels, Inc. v. Winston , 2010 NCBC 19 . Judge Tennille found Plaintiff's expert, a Duke Law School professor, to be incompetent to testify to the Defendant lawyer's alleged breach...

Goldgerg Segalla’s Professional Liability Monthly – February, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. I. Directors and Officers ERIC C. RAJALA v. LOOKOUT WINDPOWER, LLC (D.Kansas, February 4, 2011) [ lexis.com ] Civil RICO Claims Fail...

Military Faces Challenge To Medical Malpractice Shield

BRADENTON, Fla. - (AP) Veterans, military families and others who oppose a decades-old law that shields military medical personnel from malpractice lawsuits are rallying around a case they consider the best chance in a generation to change the widely unpopular protection. The U.S. Supreme Court has asked...

Goldberg Segalla's Professional Liability Monthly - April 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. I. Directors and Officers BRYAN BROS., INC. v. CONTINENTAL CASUALTY CO. (4th Cir. March 24, 2011) [ Lexis.com / LexisONE ] Court Deems...

U.S. Rep To Renew Bill Over Military Medical Malpractice Lawsuits

TAMPA, Fla. - (AP) A congressman said Tuesday he'll renew efforts to strip military hospitals of their protection against lawsuits over mistakes made in treating service members, now that the U. S. Supreme Court has declined to hear a case that could have done away with the protections. The Supreme...

Study Finds Only 1 In 5 Medical Malpractice Cases Lead To Settlement, Payout

ATLANTA - (AP) Only 1 in 5 malpractice claims against doctors leads to a settlement or other payout, according to the most comprehensive study of these claims in two decades. But while doctors and their insurers may be winning most of these challenges, that's still a lot of fighting. Each year about...

Use of Constructive Trust and Correction/Reformation to Cure and Mitigate Attorney and Other Professional Malpractice in Estate Planning

By David W. Tate The following is a link to an interesting article by Victoria J. Haneman discussing the possibility of using constructive trust equitable remedies to cure or mitigate testamentary mistakes, Click Here. In fact, at least in California, wills and trusts are supposed to be read or...

Goldberg Segalla’s Professional Liability Monthly – October, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal of Suit Based Upon Business Judgment Rule...

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted in an excess judgment and a bad faith claim that...

Iowa Ct. App. on Immigration Malpractice: Miranda v. Said

"Plaintiffs’ expert, Laura Lichter, an attorney practicing immigration law in Colorado with clients from Central and South America, testified the waiver form prepared by Said had a zero percent chance of success at the consulate as the officials had no discretion with respect to who could...

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's knowledge that its policyholder dentist had become...

Managing Malpractice in Medicare’s Never-Never Land

Some things just aren't supposed to happen. In health care, they are referred to as "never events" and include hospital-acquired infections or injuries, medication errors and objects left inside patients during surgery. Yikes. The Centers for Medicare and Medicaid Services (CMS) have...

Is it Malpractice to File a Declaratory Judgment of Invalidity After the AIA?

Failure to Consider AIA Patentability Challenges May Be Costly Mistake for Law Firms The face of patent litigation in the U.S. was forever changed on September 16, 2012. This was the date the post grant patentability trials of the America Invent's Act first became available to patent challengers...

Iowa SC on Immigration Attorney Malpractice, Damages, Emotional Distress: Miranda v. Said

"This is not a case that requires us to reconsider the rule we have developed over the years to determine if damages for emotional harm are recoverable in an action for negligence. The exception to the rule, applied to the facts presented to the jury in this case, support emotional distress damages...

Supreme Court of Washington Holds Carrier Cannot Sue Defense Counsel

In its recent decision in Stewart Title Guar. Co. v. Sterling Sav. Bank , 2013 Wash. LEXIS 769 (Wash. Oct. 3, 2013) [ enhanced version available to lexis.com subscribers ], the Supreme Court of Washington had occasion to consider whether an insurer can pursue a malpractice action against counsel in connection...

Sued For Good Work – Expert Required to Establish Agent’s Negligence

Insurance agents and brokers are insurance professionals whose actions in placing insurance require compliance with the standards of practice and skills of an insurance broker which are not necessarily matters of common knowledge. Under Pennsylvania law, and all of the United States, an insurance broker...

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

by David A. Haworth, Carl G. Roberts, and Neal Walters In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner failed to comply...