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Limitation in professional negligence claims

Mills & Reeve LLP
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United Kingdom
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December 31 2008

First instance judges have rejected claimants' attempts to defeat limitation arguments by postponing the accrual of their cause of action in two cases since the Court of Appeal's decision in the summer in Shore v Sedgwick Financial Services

Corporate manslaughter facing up to avoidable fatalities

Anthony Gold Solicitors
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United Kingdom
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April 15 2013

It has been reported in the press that Network Rail has been fined £450,000 following the death of Mrs Jane Harding in January 2010. Mrs Harding was

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

Duty to assist other side

Mills & Reeve LLP
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United Kingdom
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February 19 2008

A barrister would fail in his duty to his client were he to supplement deficiencies in his opponent’s evidence

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

Ontario Court of Appeal rules on contribution and indemnity rights among joint tortfeasors

Dentons
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Canada
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August 24 2009

The Court of Appeal for Ontario recently handed down an important decision dealing with the ability of a defendant tortfeasor to third-party alleged joint tortfeasors pursuant to section 5 of the Negligence Act (Ontario

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

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Search results

Limitation in professional negligence claims

Corporate manslaughter facing up to avoidable fatalities

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

Duty to assist other side

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

Ontario Court of Appeal rules on contribution and indemnity rights among joint tortfeasors

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

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