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HTMLFourth Circuit Declined to Grant Second Extension to Serve Process, Finding That Plaintiff’s Attorney’s Failure to Register New Email Address Did Not Constitute “Excusable Neglect.”
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 31, 2014, previously published on July 2014
In Martinez v. United States, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of Plaintiff’s claim for untimely service of process pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff, Silvia Martinez, failed to serve the Defendant, the United States...


HTMLHacker Prevention: Keeping Client-Sensitive Electronic Information Confidential
Brian C. Langs, Joseph R. Marconi; Johnson & Bell, Ltd.;
Legal Alert/Article
July 29, 2014, previously published on July 2014
Back in July of 2011, we warned of a then popular e-mail/fraudulent check scheme whereby lawyers would receive e-mails from alleged potential foreign clients looking to collect debts from customers. Those scammers convinced the unsuspecting lawyer to deposit fraudulent “settlement...


HTMLAnother Court Recognizes The Attorney Client Privilege Extends To Internal Law Firm Communications
David P. Atkins, Collin P. Baron, Thomas F. Maxwell, Edward P. McCreery, Adam S. Mocciolo; Pullman & Comley, LLC;
Legal Alert/Article
July 26, 2014
If you have been following the evolving law on attorney client privilege for internal law firm communications - the subject of our Law Firm Risk Managers' Lunch Forum in April of 2013 - you may be interested to know that on May 30 the Oregon Supreme Court joined courts in other states to hold that...


HTMLRecent Connecticut Supreme Court Decision Demonstrates Importance of "End of Representation" Terms in Professional Engagement Agreements
David P. Atkins, Collin P. Baron, Thomas F. Maxwell, Edward P. McCreery, Adam S. Mocciolo; Pullman & Comley, LLC;
Legal Alert/Article
July 17, 2014
In its recent decision in Flannery v. Singer Asset Finance Co., LLC, 312 Conn. 286 (2014), the Connecticut Supreme Court provided a perfect illustration of how important it is for a law firm to have in place a mechanism for clearly marking the end of the representation. In a split decision, the...


HTMLTermination of the Dentist/Patient Relationship
Christina C. Hadley; Hall Booth Smith, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 23, 2014
Almost every practicing dentist has experienced a problem patient. He or she may skip appointments, have unrealistic expectations, fail to pay bills, or simply be noncompliant with recommended care and treatment. Under certain circumstances, a dentist has the right to terminate his or her...


HTMLIn A Differential Etiology, Experts Need Not Rule Out All Possible Causes
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
July 15, 2014, previously published on June 23, 2014
In Johnson v. Mead Johnson & Co., LLC (No. 13-1685), 2014 U.S.App. LEXIS 10541 (8th Cir. June 6, 2014), the court reaffirmed the applicability of the Daubert standard to both the “ruling in” and “ruling out” process of differential etiology, the process by which an...


HTMLThe Supreme Court of Appeals of West Virginia clarified the limits on punitive damages and the scope of the states Medical Professionals Liability Act, Nursing Home Act, and law of fiduciary duty in nursing home negligence cases.
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Manor Care, Inc. v. Douglas, a case involving the appeal of a $91.5 million jury verdict in a nursing home negligence case, the Supreme Court of Appeals of West Virginia held that: (1) the verdict form did not allow the jury to award damages to non-parties, (2) the Medical Professionals...


HTMLSecurities Class Action Defendants Can Rebut the Basic Fraud-on-the-Market Presumption of Reliance at the Class Certification Stage
Thomas M. Byrne, Patricia A. Gorham, Cheryl L. Haas, Robert D. Owen, Amelia Toy Rudolph; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 24, 2014, previously published on June 23, 2014
The U.S. Supreme Court held today that defendants in securities fraud class actions can defeat the Basic fraud-on-the-market presumption of reliance at the class certification stage “through evidence that the misrepresentation did not in fact affect the stock price.” Halliburton Co. v....


HTMLA Contractual Penalty for Late Performance of a Contract Cannot Significantly Exceed the Penalty for Withdrawal from the Contract
BSJP Brockhuis Jurczak Prusak Sp.k.;
Legal Alert/Article
June 16, 2014
On 29th November 2013, the Supreme Court issued a judgment in case I CSK 124/13 concerning the grounds for abridgment of contractual penalties deemed to be grossly excessive. The judgement is also highly noteworthy from the point of view of professionals involved in implementation of infrastructure...


HTML2014 DRI Products Liability Conference
Collins Lacy P.C.;
Legal Alert/Article
June 12, 2014, previously published on February 2014
Since 2010, I have made it a priority to attend the Defense Research Institute’s Products Liability Conference. This year’s conference is being held April 9-11, 2013, in Phoenix, Arizona at the Arizona Biltmore. The theme of this year’s conference is “Plan and Prepare.”


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