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Your search for Articles on professional liability, found 1678 article(s).

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1 Air Ambulances: How Hospitals Can Minimize Liability Risk
Robert M. Wolin; Baker & Hostetler LLP;
December 20, 2008, previously published on November 13, 2008
According to Wolin, "After numerous recent crashes, the question being asked more and more frequently is no longer whether the air ambulance industry needs a lifeguard, but rather who the lifeguard watching the pool should be . . .

2 What Did You Know and When Did You Know It - New York Narrowly Interprets the "Knowledge Exclusion"
L. D. Simmons; McGuireWoods LLP;
December 12, 2008, previously published on November 17, 2008
Professional liability and D&O insurers regularly rely on "prior knowledge exclusions" to restrict coverage. These exclusions apply if the insured knew, prior to commencement of the policy period, that the activity in which it was involved would result in a claim against it.

3 Failure to Supervise Local Counsel Is Legal Malpractice
Christopher T. Scanlon; Clausen Miller PC;
December 11, 2008, previously published on November 2008
In Whalen v. DeGraff, Foy, Conway, Holt-Harris & Mealy, 53 A.D.3d 912, 863 N.Y.S.2d 100, 2008 N.Y. Slip Op. 06342 (3d Dep't), the Appellate Division reversed the trial court's denial of Plaintiff's summary judgment motion which sought to establish that Defendant law firm committed legal...

4 New Jersey Shareholders Can Sue Corporate Outside Counsel for Malpractice despite Settling Underlying Matter
Hinshaw & Culbertson LLP;
December 10, 2008, previously published on November 13, 2008
The New Jersey Superior Court, Appellate Division, held that while Puder v. Buechel, 183 N.J. 425 (2005), bars clients from bringing legal malpractice claims which are based on the inadequacy of a settlement, it does not necessarily bar malpractice claims unrelated to the settlement or other causes...

5 Cases in Disagreement as to Proper Forum for Legal Malpractice Cases Arising From Intellectual Property Matters
Hinshaw & Culbertson LLP;
November 20, 2008, previously published on November 6, 2008
Despite two Federal Circuit decisions arguably to the contrary, three recent decisions have allowed state courts to hear legal malpractice claims in which the underlying matters involved intellectual property issues.

6 Denial of Fee Disgorgement Held Appropriate Exercise of Discretion Where Client Was Unharmed
Hinshaw & Culbertson LLP;
November 20, 2008, previously published on November 4, 2008
Clients sought disgorgement of attorney fees because attorney allegedly violated several Rules of Professional Conduct (RPCs) during representation, but the Ninth Circuit held that the district court's refusal to disgorge fees due to a lack of harm to the clients was not an abuse of discretion.

7 Exploring the Unthinkable in Lawyer Discipline: Disbarment, Suspension and Reinstatement
Jennings, Strouss & Salmon, P.L.C.;
December 19, 2008, previously published by Advocate: Arizona Trial Lawyers Association Magazine
Fortunately, most lawyers will never have to contemplate a day when they will receive an order of the Arizona Supreme Court suspending or disbarring them. For those lawyers whose discipline cases include the possibility of a long-term suspension or disbarment, however, planning early for...

8 Client Can Sue for Legal Malpractice for Failure to Bring Claim for Libel Per Se
Hinshaw & Culbertson LLP;
November 3, 2008, previously published on October 23, 2008
Even in the absence of a claim of casualty connected special damages, a law firm that failed to bring a defamation claim on behalf of a client can be sued for malpractice if the defamation claim was actionable as libel per se.

9 Court Finds That New York's Dead Man's Statute Does Not Bar Attorney's Defense in a Disciplinary Proceeding
Hinshaw & Culbertson LLP;
November 3, 2008, previously published on October 21, 2008
New York CPLR ยง 4519, the "Dead Man's Statute", did not bar an attorney from testifying in his defense in a bar disciplinary proceeding.

10 Waiving the Right to Get Paid
Robert C. Angelillo; Meyer, Suozzi, English & Klein, P.C.;
November 3, 2008, previously published on October 1, 2008
The most important document determining a construction contractor's legal rights and remedies is its contract. The law gives contracting parties tremendous flexibility to craft their contract as they see fit and, generally, the courts will enforce a mutually-agreed contract according to its terms.


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