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Documents on Professional Liability
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|California Court Extends Whistleblower Protections to “Perceived Whistleblowers”|
Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
February 26, 2015, previously published on December 19, 2014Decision: In Diego v. Pilgrim United Church of Christ, a preschool employee alleged she was wrongfully terminated from her employment in violation of public policy as a result of the school director’s mistaken belief that she had lodged a complaint with the Department of Social Services,...
|I’m Being Sued for What?!? Analyzing the Florida Supreme Court’s Opinions Applying the Foreseeable Zone of Risk Test To Determine if a Legal Duty Is Owed|
Samuel C. Higginbottom; Marshall Dennehey Warner Coleman & Goggin, P.C.;
February 26, 2015, previously published on December 1, 2014All too often, the first time a client learns of a negligence claim is upon receipt of plaintiff’s counsel’s request for their insurance policy. The client does not always understand why or how they may be responsible to a claimant. This is particularly the case for small businesses...
Circuit Affirms Grant of Summary Judgment for Physician-Plaintiffs and Holds
That North Carolina Display of Real-Time View Requirement Violates First
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
February 25, 2015, previously published on December 2014At issue before the United States Court of Appeals for the Fourth Circuit in Gretchen Stuart v. Paul Camnitz, was a North Carolina statute that required physicians to perform an ultrasound, display the sonogram, and describe the fetus to women seeking abortions. According to the statute, a...
|Demand for Refund Constitutes a Claim under Professional Liability Policy Says Eighth Circuit|
Sharon Angelino, Brian R. Biggie; Goldberg Segalla LLP;
February 20, 2015, previously published on January 21, 2015In Philadelphia Consolidated Holding Corp. v. LSI-Lowery Systems Inc., 2015 U.S. App. LEXIS 349 (8th Cir. Jan. 9, 2015), the Eighth Circuit affirmed the district court’s grant of summary judgment in favor of Philadelphia Consolidated Holding Corporation, d/b/a/ Philadelphia Insurance...
|Medical Bills Not Paid For Treatment/Therapy Given In India Proper As Practitioners Not Licensed In PA, Services Not Provided Under Supervision Of Licensed Health Care Practitioner, And Medical Certificates Did Not Comply With Requirements Of The Act.|
Marshall Dennehey Warner Coleman Goggin P.C.;
February 19, 2015, previously published on January 6, 2015Rachel Babu v. WCAB (Temple Continuing Center); 166 C.D. 2014; filed September 15, 2014; Senior Judge Colins
The claimant was receiving indemnity benefits for a February 2000 work injury. In an unreported opinion, the Commonwealth Court affirmed the disallowance of Ayurvedic medical treatment...
|When is a Company Director Not a Director? The Risks of Acting as a Director|
February 18, 2015, previously published by ParrisWhittakerCompanies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the purposes of the law. This may result in adverse implications for both the company and the individual concerned. The expert company lawyers at Bahamas firm...
|The Intersection of HIPAA and Negligence: Pharmacist's Violation Cost Walgreens $1.44 Million|
Danielle L. Borel; Breazeale, Sachse & Wilson, L.L.P.;
February 17, 2015, previously published on December 2014On November 14, 2014, the Court of Appeals of Indiana affirmed a $1.44 million judgment against Walgreens Company based on a HIPAA violation committed by a Walgreens pharmacist. Walgreen Co. v. Hinchy, 2014 WL 6130795 at *1 (Ind. Ct. App. 2014). In Walgreen Co. v. Hinchy, Walgreens’...
|Illinois Appellate Court Rejects Professional Liability Coverage for Junk Fax Claim|
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
February 10, 2015, previously published on January 5, 2015In Margulis v. BCS Insurance Co., 2014 IL App (1st) 140286, the Illinois Appellate Court affirmed a circuit court’s grant of summary judgment in favor of BCS Insurance Company (BCS), finding that it was not obligated to defend or indemnify its insured, Bradford & Associates (Bradford),...
|Court Considers Unreasonably Withholding Consent under CAPL Operating Procedure in Precedent-Setting Decision|
Laura M. Gill, Grant N. Stapon; Bennett Jones LLP;
January 23, 2015, previously published on December 15, 2014In IFP Technologies (Canada) v Encana Midstream and Marketing, 2014 ABQB 470, the Court clarified for the first time the circumstances in which a party that waives its right of first refusal under Article 24 of the 1990 CAPL Operating Procedure may withhold its consent to a disposition of the...
|Law Society Practice Note on Gifts to Will Drafters and Conflicts of Interest|
Withers Bergman LLP;
January 22, 2015, previously published on January 6, 2015The Law Society issued a new practice note entitled 'Preparing a will when your client is leaving a gift for you, your family or colleagues' in October 2014. Occasionally charities do have to consider the appropriate response where they are residuary beneficiaries but the drafter of the will takes...