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Documents on professional liability
 

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HTMLFlorida Law Permits Limitations of Liability Clauses for Design Professionals
Stephen M. Reams; Stites & Harbison, PLLC;
Legal Alert/Article
October 8, 2014
Florida enacted legislation making limitation of liability clauses for design professionals enforceable when certain conditions are met. The new law, passed last year, reverses the decision of a Florida appellate court that ruled in 2010 that any limitation of liability clause purporting to limit...

 

Adobe PDFKatsoulakos v Association of Professional Engineers of Ontario
Sarah Yun; Weirfoulds LLP;
Legal Alert/Article
October 8, 2014, previously published on September 2014
The Divisional Court’s recent decision, Katsoulakos v Association of Professional Engineers of Ontario, raises two important issues for professional self-regulatory bodies in respect of the degree to which procedural fairness applies in the context of a disciplinary proceeding. First, the...

 

HTMLCondo Officer/Director Liability in Florida
John Viggiani; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 1, 2014
Over the last 20 or 30 years, condominium living has increased. With this increase has come the need for condominium associations and, with it, the need for owners to step up and serve as officers and board members of these associations. However, due to the litigiousness of society, fewer and fewer...

 

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...

 

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...

 

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...

 

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...

 


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