The application of the statute of limitations affirmative defense is theoretically simple, yet practically complex. Often, the issue is when does the clock start; i.e. when does the claim accrue. The result varies by state and may come down to the specific fact pattern. The water may be muddied further if the plaintiff incurs more than one injury. This is relevant to the professional malpractice community. Take for example a recent California accountant malpractice case involving state and federal audits and $10 million on the …
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No Privity? No Problem
In New York, privity is required in order to maintain a legal malpractice claim. In other words, the claim must be client v. former attorney “absent special circumstances.” But under what special circumstances would a court be inclined to find legal malpractice in a non-privity situation? A case this past week shed some light on what one of those situations may look like.
In Deep Woods Holdings LLC v Pryor Cashman LLP, Defendant Law Firm represented a non-party individual (Buyer) in a transaction in …
Continue ReadingWe Need Your Vote! Round 2
Hello, blog readers! We told you last month that Professional Liability Matters has been nominated in The Expert Institute’s “2015 Best Legal Blog Contest.” We have good news to share: We’ve made it to round 2!
Over the past month, this contest received more than 2,000 nominations and has now narrowed the field to just 250 of the “most exciting, entertaining, and informative legal blogs online today.” Professional Liability Matters is among the 250 finalists and is listed in the “Labor and Employment” category.
To …
Continue ReadingWe Need Your Vote!
Attention blog readers! We are proud to announce that Professional Liability Matters has been nominated in The Expert Institute’s “2015 Best Legal Blog Contest.” To be officially named one of the best legal blogs, we’ll need your help! There is a two-step process to this contest: first, blogs need to be nominated by our readers. Then, the blogs that receive the most nominations make it to the voting round.
So, if you’d like to nominate Professional Liability Matters, click here for the official submission form! …
Continue ReadingThe Latest Professional Liability Decisions – Goldberg Segalla’s Professional Liability Monthly Now Available
Please click here for the latest edition of Professional Liability Monthly.
Goldberg Segalla’s Professional Liability Monthly provides timely analysis of court decisions from across the country concerning professional liability. Cases are organized by topic, and where available, hyperlinks to the full decisions are included. In addition, we highlight the latest news impacting the professional liability community.
If you would like to receive future editions of Professional Liability Monthly directly by email, please contact Brian Biggie at[email protected].…
Continue ReadingAn Ethics Lesson from Judge Judy
Popular television judge “Judge Judy” is known for her no-nonsense approach inside her courtroom. Based on the recent lawsuit she filed against a law firm, it would appear that she maintains that same approach outside the courtroom. Judith Sheindlin – better known as “Judge Judy” filed a March 12 lawsuit alleging that a fellow Connecticut attorney used her image in advertisements without permission. The suit provides another reminder of the risks of attorney advertising.
The judge, who filed her suit in the USDC …
Continue ReadingProfessional Liability Monthly – March Edition is Now Available
Case analysis in this edition of Professional Liability Monthly include:
- Court Refuses Design Professional’s Bid to Avoid Liability Reliant on Future Inspection or Approvals
- A Plaintiff’s Complaint Alleging Defamation and Violations of Connecticut’s Unfair Trade Practices Act Is Stricken Under the Absolute Litigation Privilege
- Pennsylvania Enacts Benevolent-Gesture Bill Into Law
- Evidence of Informed Consent Inadmissible in Medical Malpractice Case
- Case of First Impression: Plaintiffs Lack Standing to Bring Malicious Prosecution/Vexatious Litigation Actions Against Attorneys and Attorneys’ Clients
- Court Finds Theory of Apparent Agency Applicable
Cases for Professional Liability Monthly – March 2014 Edition
The below cases correspond with the March edition of Professional Liability Monthly and the analysis of each case. Click here to access to the newsletter. Cases are provided courtesy of LexisNexis.
Granger Constr. Co. v. G.C. Fire Prot. Sys.
Meyers, Harrison & Pia, LLC v. Riella
Scalise v. Cummings & Lockwood, LLC
Wojeck v. Latimer Point Condo. Ass’n,…
Continue ReadingAre Law Firm Advertisements Covered?
All insurance policies are not created equal. Some policies contain exclusions that many professional may not expect. Take for example a recent decision that evaluated whether a law firm’s advertising practices were covered under a D&O policy. In Rob Levine & Associates, Ltd. v. Travelers Casualty, a Rhode Island federal court considered whether conduct relating to Internet and television advertisements was considered “professional services.”
The declaratory action stems from a series of law firm advertisements that urge would-be clients to “Call a Heavy Hitter …
Continue ReadingD&O Suits Reach Historic High: Economy to Blame?
The fallout from the 2007-2010 economic downturn is behind us, right? Nope; not so for the professional malpractice community in light of the many lawsuits arising from the recent market collapse. In fact, lawsuits relating to 2007-10 bank collapses in particular have increased dramatically and the primary targets are executives. According to a February 13, 2014 report which is available here, litigation against directors and officers of failed banks reached an all-time high in 2013. To make matters worse, many of those directors were …
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