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HTMLFlorida's 2d District Court of Appeals Creates Conflict by Using Efficient Proximate Cause Doctrine
Kristina L. Marsh; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 23, 2013
The Florida Second District Court of Appeals recently held that in a first-party property case where the damage was caused by more than one peril, an efficient proximate cause theory should be applied to determine whether the damage is covered. American Home Assurance Co., Inc. v. Sebo, No....

 

HTMLTwo-Year Statute of Limitations Not Limited to Legal Malpractice Claims by Clients
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 18, 2013
The Illinois First District Appellate Court held that Illinois' two-year statute of limitations in 735 ILCS 5/13-214.3(b) applies to legal malpractice claims but is not restricted to those claims, and applies to actions arising out of provision of legal services.

 

HTMLReargument in K2 May Provide the New York Court of Appeals with an Opportunity for a Correction
Sina Bahadoran, Todd M. Davis; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 20, 2013
In K2 Inv. Grp., LLC v. Am. Guarantee & Liab. Ins. Co., 21 N.Y.3d 384 (N.Y. June 11, 2013), the New York Court of Appeals announced that once an insurer breaches its duty to defend, it loses its right to assert exclusions on indemnity. Essentially, the insurer is penalized for its wrongful...

 

HTMLCourt Rejects Bona Fide Error Defense by Landlord Law Firm
Terrence P. McAvoy, Concepcion A. Montoya; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
In a case brought by plaintiff tenant under the Fair Debt Collection Practices Act (FDCPA), the U.S. District Court for the Southern District of New York recently denied defendant law firm's bona fide error defense arising from an unintentional misrepresentation by the law firm's client of the...

 

HTMLPlaintiff Must Show Actual Innocence to Pursue Malpractice Claim Against His Criminal Defense Counsel
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 25, 2013
On the basis of ineffective assistance of counsel, the Illinois Appellate Court vacated plaintiff client's conviction for attempted homicide. The client was later convicted of reckless endangerment, but sued defendant, his lawyer, for negligence. The court dismissed the suit, finding that a...

 

HTMLFewer Than 90 Days and Counting . . . Are You Ready for the HIPAA Compliance Deadline?
Hinshaw Culbertson LLP;
Legal Alert/Article
August 23, 2013, previously published on August 2013
Covered entities and business associates have fewer than 90 days, or until September 23, 2013, to come into full compliance with the HIPAA Omnibus Final Rule (the "HIPAA Final Rule"). The HIPAA Final Rule details several new requirements for covered entities and business associates and...

 

HTMLBank Entitled to Recover Counterfeit Check Amount From Attorney's Client Trust Account
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
August 23, 2013, previously published on August 21, 2013
A lawyer scammed by a fake check scheme attempted unsuccessfully to sue his client trust account bank for negligence. The court dismissed the case, holding that although the bank accepted a counterfeit check for deposit into the trust account, the bank had no liability and was entitled to charge...

 

HTMLI'm Sorry Laws: A Multistate Analysis
Charles A. Egner, Tammy S. Warden; Hinshaw & Culbertson LLP;
Legal Alert/Article
August 23, 2013, previously published on August 2013
There is anecdotal evidence and a number of studies suggesting that improvements in bedside manner and development of communication skills can play a role in preventing litigation against health care providers. Tension exists, however, regarding communications with patients and family members after...

 

HTMLLaw Firm Not Entitled to Summary Judgment After Failing to Advise CEO of Unauthorized Loans by CFO
Terrence P. McAvoy, David L. Winnett; Hinshaw & Culbertson LLP;
Legal Alert/Article
August 20, 2013, previously published on August 7, 2013
Plaintiff client brought a legal malpractice action against defendant, its outside counsel, due to counsel’s failure to notify it about unauthorized loans made by the client's chief financial officer (CFO). Counsel moved for summary judgment on the grounds that because the client knew of the...

 

HTMLDefendants Failed to Meet Burden to Show That Citizens Participation Act Warranted Dismissal of Plaintiff's Claim
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
August 19, 2013, previously published on August 14, 2013
Defendants failed to demonstrate that plaintiff's claim was meritless and to meet their burden to warrant dismissal based on Illinois' anti-SLAPP (strategic lawsuit against public participation) statute, the Citizens Participation Act.

 


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