News & Analysis as of

Summary Judgment Standard of Care

Marshall Dennehey

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the...

Marshall Dennehey on

Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

Marshall Dennehey Attorneys Successful in Legal Malpractice Action Arising Out of a Complex Wrongful Medical Diagnosis Case - On October 10, 2023, Marshall Dennehey attorneys Jack Slimm and Jeremy Zacharias were successful in...more

Steptoe & Johnson PLLC

Fourth Circuit Sets Forth the Requirements for the ‘Loss of Chance’ Provision of West Virginia’s Medical Professional Liability...

Steptoe & Johnson PLLC on

The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a...more

Hinshaw & Culbertson - Lawyers for the...

Alabama Civil Appeals Court Holds Error in Judgment Rule Requires Expert Testimony to Establish Standard of Care

Schaeffer v. Thompson, Ala. Cov. App. LEXIS 25 (2020) - Brief Summary - The Alabama Civil Court of Appeals reversed a trial court's grant of summary judgment in favor of defendant on plaintiffs' legal malpractice claims,...more

Kelley Drye & Warren LLP

It is Now Easier For Federal Workers to Prove Age Bias

Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias. This decision does not impact private employers, because it relied on the specific language of the federal sector...more

Fisher Phillips

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

Fisher Phillips on

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Babb v. Wilkie, No. 18-882

On April 6, 2020, the U.S. Supreme Court decided Babb v. Wilkie, holding that the federal-sector provision of the Age Discrimination and Employment Act of 1967 (ADEA), 29 U.S.C. §633a(a), does not require proof that age...more

Snell & Wilmer

That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common...

Snell & Wilmer on

In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements...more

Carlton Fields

Preserved, Actually: Preservation Of Arguments Definitively Rejected By The Trial Court

Carlton Fields on

Does a party have to reassert an argument previously rejected by the trial court in order to preserve it for appeal? ...more

Cozen O'Connor

Washington Court Upholds Preemption Ruling for Aircraft Component Manufacturer

Cozen O'Connor on

Last week, in the Estate of Virgil Becker v. Forward Technology Industries, Inc., a Washington appellate court upheld a lower court decision affirming the dismissal of claims against an aircraft component manufacturer on...more

Adler Pollock & Sheehan P.C.

Rhode Island Supreme Court Decision Serves As A Reminder To Engage Necessary Experts Early In The Case

A recent Rhode Island Supreme Court decision serves as an important reminder of the need to engage essential expert witnesses early in a case and, at a minimum, before discovery responses are due....more

Haight Brown & Bonesteel LLP

Plaintiff’s Expert Physician Deemed Not Competent to Testify as to the Standard of Care Applicable to Hospitals

In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more

Mintz - Privacy & Cybersecurity Viewpoints

Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches

Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide