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Employee may pursue negligent misrepresentation claim against employer’s attorney, based on opinions offered on plaintiff’s potential claims

Reed Smith LLP
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USA
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February 6 2007

In Spagnola v. Morristown, et al, 2006 WL 3533726 (DNJ Dec 12, 2006), the US District Court for the District of New Jersey held that an employee could pursue a negligent misrepresentation claim against her employer’s attorney

Florida appellate court recognizes new statutory bad faith cause of action in medical malpractice claims

Edwards Wildman Palmer LLP
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USA
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May 22 2007

A Florida appellate court has recognized a new statutory bad faith cause of action in medical malpractice claims

Missouri court of appeals finds no right of equitable contribution based on other insurance clauses

Edwards Wildman Palmer LLP
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USA
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January 26 2009

The Missouri Court of Appeals, Eastern District recently held that a nurse's professional liability insurer was not liable for contribution to her employer's professional liability insurer after the latter settled a wrongful death claim involving the nurse

Delivery of a policy is not a prerequisite to the enforcement of its terms; insurer can deny coverage based on “claims made and reported” prerequisites without first investigating the claim

Edwards Wildman Palmer LLP
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USA
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January 26 2009

The United States District Court for the District of Massachusetts recently held that delivery of a policy is not a prerequisite to the enforcement of its terms unless a policy so explicitly states

Illinois circuit court reinforces Seventh Circuit’s limitation on financial advisors’ liability under fairness opinions

McDermott Will & Emery
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USA
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January 28 2009

Three recent decisions, taken together, offer valuable guidance to financial advisors for avoiding liability when issuing financial opinions

Third Circuit vastly reduces punitive damages award against insurer, applies 1:1 ratio

Edwards Wildman Palmer LLP
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USA
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January 29 2009

Recently the Third Circuit Court of Appeals reduced an award of punitive damages by over two-thirds, holding that a 1:1 ratio between punitive and compensatory damages is the appropriate limit where the harm is purely economic and the compensatory damages award is substantial

Seventh Circuit limits duties of fairness opinion provider to scope of engagement letter

Squire Sanders
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USA
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February 29 2008

Last week, the US Seventh Circuit Court of Appeals issued its opinion in The HA2003 Liquidating Trust v. Credit Suisse Securities (USA) LLC, a case arising out of the bankruptcy of HA-LO Industries, a manufacturer and marketer of promotional products that sought bankruptcy protection in July 2001 after a disastrous attempt to expand into e-commerce via the acquisition of Starbelly.com, a pre-revenue dot-com startup for which HA-LO paid US$240 million

Florida district court holds notice of a potential lawsuit does not constitute a “claim”

Wiley Rein LLP
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USA
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March 11 2008

The United States District Court for the Middle District of Florida, applying Florida law, has held that a letter that gave notice of a potential lawsuit and requested information but that did not demand money or advise the recipient to put his insurance carrier on notice did not constitute a "Claim" under a medical malpractice professional liability policy

No coverage where counterclaim filed prior to policy inception was revived in a separate lawsuit brought during the policy period

Wiley Rein LLP
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USA
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February 5 2009

The United States District Court for the Eastern District of Missouri has held that an exclusion in a professional liability policy that barred coverage for claims based on negligent acts, errors or omissions occurring prior to policy inception applied to a claim asserted against the insured during the policy period, where the facts underlying that claim had previously been asserted against the insured in the form of a counterclaim that had been dismissed without prejudice prior to the policy's inception

Scrubs solidify apparent agency medical malpractice claims

Baker & Hostetler LLP
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USA
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February 19 2009

The Idaho Supreme Court recently held in Jones v. HealthSouth Treasure Valley Hospital that Idaho recognizes the doctrine of apparent agency in medical malpractice claims

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Employee may pursue negligent misrepresentation claim against employer’s attorney, based on opinions offered on plaintiff’s potential claims

Florida appellate court recognizes new statutory bad faith cause of action in medical malpractice claims

Missouri court of appeals finds no right of equitable contribution based on other insurance clauses

Delivery of a policy is not a prerequisite to the enforcement of its terms; insurer can deny coverage based on “claims made and reported” prerequisites without first investigating the claim

Illinois circuit court reinforces Seventh Circuit’s limitation on financial advisors’ liability under fairness opinions

Third Circuit vastly reduces punitive damages award against insurer, applies 1:1 ratio

Seventh Circuit limits duties of fairness opinion provider to scope of engagement letter

Florida district court holds notice of a potential lawsuit does not constitute a “claim”

No coverage where counterclaim filed prior to policy inception was revived in a separate lawsuit brought during the policy period

Scrubs solidify apparent agency medical malpractice claims

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