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Documents on professional liability
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|Investor is Not Liable for Past Due Assessments Owed to the HOA by Its Predecessor in Interest|
Andrew J. Marchese; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 13, 2015, previously published on July 6, 2015The Westwood Gardens Homeowner’s Association (HOA) demanded that the investor who purchased two single-family residences at a foreclosure sale pay the HOA for all past due assessments, including those incurred by its predecessor in interest. The investor paid the HOA under protest, reserving...
|Who Owes What to Whom? Liability and Alternative Project Delivery|
Laura J. Stipanowich; Smith, Currie & Hancock LLP;
July 9, 2015, previously published on June 12, 2015Alternative project delivery methods, such as design-build, are increasingly prevalent in the modern construction industry. Occasionally, the design-build team consists of a constructor that, pursuant to a prime contract with the project owner, is the “single point of responsibility”...
|Are New Jersey Courts Modifying the Affidavit of Merit Requirements in Professional Malpractice Cases? |
Jeremy J. Zacharias; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 23, 2015, previously published on June 1, 2015Based on its recent decision in Hill International v. Atlantic City Board of Education, 106 A.3d 487 (App.Div. 2014), the New Jersey Appellate Division had to decide whether the affidavit of merit (AOM) statute should be interpreted to require a supporting AOM from a “like-licensed”...
|Bleeding Risks Accompany Transvaginal Mesh Removal Surgeries|
Waters Kraus LLP;
June 17, 2015, previously published on June 8, 2015New findings have recently been published about the dangers for women forced to undergo surgery for the removal of transvaginal mesh. The mesh products have caused injuries to so many women that thousands of vaginal mesh lawsuits have been filed against at least seven manufacturers, including...
|Get the Gist? No Certificate of Merit Necessary|
Christina J. Westall; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 16, 2015, previously published on June 1, 2015In December 2014, the Pennsylvania Supreme Court decided Bruno v. Erie Ins. Co., 106 A.3d 48 (Pa. 2014), significantly changing the rules requiring a certificate of merit in professional liability cases. The scope of a professional liability claim is governed by Pa. R.C.P. 1042.1, which permits a...
|Another Crack In the Dam: “Narrow” Class of Beneficiaries Who May Sue Attorney Without an Attorney-Client Relationship Not So Narrow After All|
Charlene S. Seibert; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 12, 2015, previously published on June 1, 2015It is firmly established in Pennsylvania that to sue an attorney for legal malpractice, one must establish an attorney-client relationship or a specific undertaking of a duty. Of course, our system allows exceptions where public policy requires it, assuming that the exception is first defined and...
|Why You Need a Written Employment Agreement|
Christopher P. Morris, Karin Pagé, Megan D. Wallace; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
June 2, 2015, previously published on May 25, 2015Perley-Robertson, Hill & McDougall LLP/s.r.l. has a long history of providing employment law advice to its diverse clientele. With our employer clients, we always recommend the preparation and implementation of written agreements for all of their team members whether they are employees,...
|Primer on Virginia’s Data Breach Law: Part III|
J. Brandon Sieg; Vandeventer Black LLP;
June 2, 2015, previously published on June 2015Previous articles in this series have introduced considerations for Virginia businesses that experience a “breach of the security of the system.” They have discussed Virginia-specific disclosure obligations, including who to notify and what information to provide. But many Virginia...
|Dubeck v. California Physicians' Service (2nd Dist.Ct.App. 2015), ---- Cal.App.4th ---, 2015 DJDAR 2629, Case No. BC397704|
McCormick Barstow Sheppard Wayte Carruth LLP;
May 7, 2015Plaintiff had a lump on her breast examined on February 11, 2005, and made follow-up appointments for a mammogram, ultrasound and a consultation with a breast surgeon. The lump proved to be cancerous resulting in numerous medical procedures. On February 16, 2005, the plaintiff filled out an...
|Legal Update: Architects Beware: It Is Now Settled That The Principal Architect Owes a Duty of Care to Third Party Purchasers for Negligent Design|
Amy Matthew; Miller Starr Regalia A Professional Law Corporation;
May 7, 2015In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, the California Supreme Court held that architects and engineers can be held liable to condominium owners for negligently prepared plans, specifications or design modifications. In doing so, the Court enlarged the...