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Negligence › Professional Negligence

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

Davis Wright Tremaine LLP

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

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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

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

Bricker Graydon LLP

Ohio Supreme Court confirms Wuerth application to medical claims

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​​​​​​​In 2009, the Supreme Court of Ohio held that a plaintiff could not hold a law firm responsible for the actions of an employed attorney if the plaintiff did not pursue a timely action against the individual attorney....more

Searcy Denney Scarola Barnhart & Shipley

A Tale of Tragedy and Justice

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The case involved a loving couple who came to the U.S. from Cuba in 2013 to live with their extended families in Miami and for a better life. Three years later that American dream ended in heartbreak and the tragic,...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiff Cannot Maintain Legal Malpractice Action Absent Proof of Fraudulent Inducement to Settle

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Jibreel Townsend v. Spear, Greenfield and Richman, P.C., Mark Greenfield, Rand Spear, Esq. Superior Court of Pennsylvania, No. 2950 EDA 2019 (8/13/20) - Brief Summary - A Pennsylvania court affirmed summary judgment in a...more

Faegre Drinker Biddle & Reath LLP

Strict Compliance with Affidavit of Merit Statute is Necessary in New Jersey Professional Negligence Actions

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The New Jersey Superior Court recently affirmed the dismissal of a professional negligence lawsuit against an insurance broker where the affidavit of merit filed was not in compliance with the applicable statute. ...more

Winstead PC

Federal Court Holds That Texas Does Not Have An Independent Aiding And Abetting Claim For Breach Of Fiduciary Duty But Holds That...

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In Taylor v. Rothstein Kass & Co., PLLC, a receiver for a failed business sued an accounting firm for various claims arising from the auditor’s issuance of a clean audit report concerning certain financial statements. No....more

Haight Brown & Bonesteel LLP

Public Entities May Not Be Protected From Firefighters Negligently Providing Emergency Medical Treatment

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In Wilson v. County of San Joaquin (C084895 ; filed 7/30/19), the Third District Appellate Court held Government Code section 850.6 did not immunize the County of San Joaquin (“County”) from liability for the alleged...more

Smith Anderson

Significant Changes to the North Carolina Anti-Indemnity Statute

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North Carolina recently amended its “anti-indemnity” statute, which generally applies to construction-related contracts and agreements with design professionals. At a high level, the new law places additional restrictions on...more

Nutter McClennen & Fish LLP

Alternative Demands for Relief Allowed in Burns Bridge Ruling

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Judge Kaplan’s recent ruling in the “Burns Bridge” litigation provides helpful guidance on the interplay between breach of contract and professional negligence claims....more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 22, 2019

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Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Carlton Fields

New Jersey’s “Direct Action Statute” Is Not A Bar To Judgment Creditor’s Coverage Action

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A New Jersey appellate court recently addressed that state’s “direct action statute,” concluding that it did not prevent judgment creditors from pursuing a coverage action arising out of an LMX reinsurance spiral. The...more

BakerHostetler

HIPAA Violation Results in $1.44M Jury Verdict Against Walgreens, Pharmacist

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Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict demonstrates that HIPAA still could play an important role in private causes of action in state court based on negligence...more

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