In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the...more
6/5/2025
/ AL Supreme Court ,
Appeals ,
Civil Rights Act ,
Department of Labor (DOL) ,
Employment Litigation ,
Government Agencies ,
Judicial Authority ,
Lack of Jurisdiction ,
SCOTUS ,
State and Local Government ,
Statutory Interpretation
On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more
With another legislative session nearing the end, many continue to keep a keen eye on certain legislative efforts meant to expand the extent of damages available in medical malpractice lawsuits. The sweeping legislation,...more
Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more
On January 24, 2025, the United States Supreme Court granted two petitions for certiorari in the cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond,...more
Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more
9/13/2024
/ Attorney Malpractice ,
Breach of Contract ,
Breach of Duty ,
Conflicts of Interest ,
Corrective Actions ,
Estoppel ,
Fiduciary Duty ,
Liability ,
Malpractice Insurance ,
Mediation ,
Medical Malpractice ,
Professional Disciplinary Actions ,
Professional Liability ,
Risk Mitigation ,
Settlement Agreements
What’s the difference between too late and just in time? The Supreme Court of Florida just decided that a medical malpractice plaintiff who mails the required presuit notice before the expiration of the statute of...more
The Supreme Court of the United States recently held in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), that damages for emotional distress are not recoverable in actions seeking to enforce the...more
6/22/2022
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Commerce Clause ,
Compliance ,
Cummings v Premier Rehab Keller PLLC ,
Damages ,
Federal Funding ,
Penalties ,
Rehabilitation Act ,
SCOTUS ,
Spending Clause ,
Title VI
The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice...more
Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more
10/8/2018
/ Bright-Line Rule ,
De Novo Standard of Review ,
Discovery ,
Dismissal With Prejudice ,
Expert Testimony ,
Florida ,
Health Care Providers ,
Medical Malpractice ,
Negligence ,
Physicians ,
Standard of Review ,
State and Local Government ,
Statutory Requirements