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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...

Vandeventer Black LLP: Just Sign Here: Try To Get Contract Terms in Writing

By James W. Walker Have you ever performed work for a client without getting the client’s signature on a contract? If a problem later surfaced, could you enforce its terms? In many states, the answer is a resounding …maybe. Signed contracts are important because they establish with certainty...

Mississippi Supreme Court Provides A Clinic In Plain Meaning To Preclude Coverage [Yes, Mississippi]

It is routine for a court, setting out to resolve an insurance coverage dispute, to begin its opinion by laying out the rules that will determine its decision. And it is likely that, somewhere in the court’s recitation, will be a statement that its most important consideration is to be the language...

Policy Needs Void For Fraud Language – Fake Doctor & Innocent Co-Insureds

Medical malpractice insurance is designed to protect doctors who accidentally cause injury to their patients. The insurance policy is issued based upon the truth of facts reported in applications for insurance. In Evanston Ins. Co. v. Watts , Slip Copy, 2014 U.S. Dist. LEXIS 140227 (D.S.C., Oct. 2, 2014...

Opening Statements In Florida Negligence Suit Center On Corporation’s Liability (Watch The Videos)

WEST PALM BEACH, Fla. — (Mealey’s) The liability of a corporation that offers membership in a plan providing concierge medical care for negligence on the part of an affiliated doctor was the topic of opening statements Jan. 22 in a suit by the widower of a plan member who alleged that blood...

9th Circuit Reverses, Remands Shoulder Pain Pump Defense Verdict

SAN FRANCISCO — (Mealey’s) A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 23 reversed a defense verdict and judgment in a shoulder pain pump case and remanded after finding that the plaintiffs’ negligence per se claims were not preempted by federal law, as the trial court...

The 10 Most Significant Liability Coverage Cases – Of All Time

I have spent fourteen years coming up with a list of the ten most significant liability coverage cases of that year. In all that time it never occurred to me, until now, to put together a list of the ten most significant coverage cases of all-time. These would be the cases, more than any others, that...

California Workers’ Comp Case Roundup (4/6/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 3 March 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

A Rare Narrowing Of The Consumer Fraud Act's Scope: Medical Malpractice Insurance Not Covered

By Peter J. Gallagher ( @pjsgallagher ) It is not every day that a New Jersey court limits the scope of the New Jersey Consumer Fraud Act (“CFA”), [ enhanced version available to lexis.com subscribers ], so when one does, it is worth writing about. Anyone who litigates in New Jersey...

Purchaser Of Contaminated Site Loses Case Against Own Lawyer

I continue to be surprised by how many people knowingly purchase a contaminated site, and regret it afterwards. Buy in haste, repent at leisure? Sometimes the purchaser of a contaminated site is merely unlucky, or suffers from a change of rules or approach by government regulators; sometimes I see...

New York Court Holds Fraudulent Act Exclusion Applicable in LPL Policy

In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States District Court for the Northern District of New York...

What Could Have Been: Court Holds That Policy With Eroding Limits Does Not Violate Public Policy

Westport Insurance Company v. Mylonas, No. 14-5760 (E.D. Pa. July 15, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], is one of those cases involving a very interesting issue -- but that will likely go by the wayside with nary a peep ever to heard from...

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 121753, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider...

Unique Look at One of the Newest Aspects of Construction Defect Coverage (And a Broker Warning)

If you do construction defect coverage work, then you’ve definitely seen an endorsement, on a general liability policy, that is along the lines of this (but with more detail): If liability arises out of the insured’s use of a sub-contractor, no coverage is owed to the insured if the sub-contractor...