News
ALF Arbitration Clause Upheld; ADR Provider Not Available
Patient’s estate sought to avoid contractual arbitration in an assisted living facility contract on grounds the designated arbitration services provider was not available. The estate argued failure of the provider vitiated the entire arbitration clause, allowing the case to remain… Read More >
Physical Therapist Claim Requires Expert
In Dorsey v. Relf, 2013 WL 971604 (N.D. Tex., March 4, 2013) plaintiff alleged a physical therapist assigned the wrong type of wheelchair, causing an injury. Lacking expert support, plaintiff claimed the common knowledge exception applied. Applying Texas law in… Read More >
LPL Claim Assignable in Commercial Transaction
While recognizing that ordinarily legal malpractice claims are not assignable, the Idaho Supreme Court held in In the Matter of St. Luke’s Magic Valley Med. Center, 293 P.3d 661 (Idaho 2013) that such a claim could be assigned to the client’s… Read More >
“Negligent Defense” LPL Claim Thrown Out
Client sought to back out of a movie theater lease agreement. Lessor sued and secured a $5 million judgment against client. Client sued the law firm, alleging various “miscues” in handling the defense of the lessor’s claim. In Reliance Mediaworks… Read More >
Montana Court Reverses Expert Exclusion Ruling
A radiologist performed a myelogram without wearing a mask. The patient contracted spinal meningitis and died. The trial court excluded plaintiff’s board-certified infectious disease expert who specialized in prevention of nosocomial infections because he was not a radiologist and had… Read More >
Expert and Causation Deficit Dooms LPL Claim
Plaintiff (former client) sued defendant law firm alleging 13 errors or omissions; eleven lacked expert opinion support. The federal court in Joseph DeGreco & Co., Inc. v. DLA Piper L.L.P., 2012 WL 451069 (S.D.N.Y., October 1, 2012) dismissed the suit… Read More >
James J. Wrynn Joins Goldberg Segalla LLP
The law firm of Goldberg Segalla, LLP has announced that the 40th Superintendent of Insurance of the State of New York James J. Wrynn will join the firm as a partner on March 5, 2012. A graduate of St. John’s… Read More >
Recent Medical Malpractice Evidence Opinions
Two recent federal court opinions address evidentiary issues of interest. In Laskowski v. Dep’t of Veterans Affairs, 2011WL5040953 (M.D. Penn. October 24, 2011), a patient sought by in limine motion to restrict defense access to psychotherapy records after a certain… Read More >
PLDQ Article Archive
1. Nicole France Stanton and Natalie G. Maciolek authored their article “Professionals Beware: The Ubiquity of Fiduciary Duty Claims” in the Spring 2011 issue of Professional Liability Defense Quarterly. 2. Nisha P. Byers and Jackie S. Cooper wrote their article… Read More >
Minnesota Court Approves Negligent Procurement of Insurance Claim
In Graff v. Robert M. Swendra Agency, Inc., 800 N.W.2d 112 (Minn., July 13, 2011) the Minnesota Supreme Court in a 5-2 ruling recognized a cause of action against an agent for negligent failure to procure insurance coverage for a… Read More >