The Importance of the Case Within the Case in Legal Malpractice Actions
4/18/23
By Patrick Cosgrove and Meaghan Mahon
Legal malpractice defense attorneys know they must make the plaintiff prove two cases – the legal malpractice case and the “case within a case”, requiring the plaintiff to prove the merits and damages of …
4/17/23
By Paul Boylan and Ryan Giggi
In Abdulky v. Lubin & Meyer, P.C., decided on March 28, 2023, the Massachusetts Appeals Court disposed of a professional malpractice case by invocation of the principle that expert disclosures used on summary …
Connecticut Appellate Court Expands and Provides Guidance for Wrongful Conduct Rule
4/13/23
By: Janice Lai and Brayson Grant
On February 14, 2023, Connecticut’s Appellate Court expanded the application of the Wrongful Conduct Rule which was first adopted by the Connecticut Supreme Court in 2014.
In Lastrina v. Bettauer, 217 Conn. App. 592 …
Primary Jurisdiction Rarely Causes Severe Mental Anguish
4/10/23
By Elissa B. Haynes and Carlos A. Fernández
Your car won’t start. A mechanical engineer, a NASCAR podcaster, and mechanic walk into your garage to help you—we’re assuming you have a diverse set of friends willing to help. The mechanical …
4/3/23
By Daniel Parker Jett and Alexander Schindler
On February 16, 2023, the Fast Food Franchisor Responsibility Act (“AB 1228”) was introduced in the California State Assembly. AB 1228 proposes creating California Labor Code section 2810.9 to impose vicarious liability for …
The Dawn of Tort Reform: Governor Ron DeSantis Signs HB 837 Into Law
3/31/23
Governor Ron DeSantis signed Senate Bill 2-A into law in December 2022, followed by his signing of HB 837 on March 24, 2023. Together, these new laws provide sweeping reforms that dramatically effect Florida’s insurance and tort landscape. As concrete …
Exhaustion Not Required: Perez v. Sturgis Public Schools
3/31/23
By Tia J. Combs and Sean C. Harrison
This week, the U.S. Supreme Court rendered a rare 9-0 decision in Miguel Luna Perez v. Sturgis Public Schools, extending its decision in Fry v. Napoleon County Schools that exhaustion under …
Indiana Reaffirms Need for Insured to Read Policy in Win for Insurance Agent
3/29/23
The Indiana Court of Appeals has adopted a rule regarding when the statute of limitations begins to run for claims against an insurance producer similar to that in Illinois announced by the Illinois Supreme Court in …
Beware of Unpaid Illinois Subcontractor Employees
3/28/23
By Dustin Karrison and Kolton Reed
General contractors are now obligated to pay the unpaid wages of a subcontractor’s employee, following recent amendments to the Illinois Wage Payment and Collection Act. The Act applies to all construction contracts executed after …
3/27/23
By Jaemie L. Paraon and Albert K. Alikin
Several states have well-established case law holding that insurance carriers have a right to bring a direct malpractice action against defense counsel they retained to defend an insured, as long as …
The Next BIPA?: Why Insurance Claim Professionals Should Pay Attention to GIPA
3/27/23
By Joseph Tripoli and Jonathan Schwartz
Earlier this month, Amazon was sued in Illinois state court by current and former employees who claim the company unlawfully requested and obtained their family medical histories during the job application process in violation …
California’s Proposition 22 Survives … For Now
3/27/23
Supporters of Proposition 22, now codified at California Business and Professions Code sections 7448-7467, were handed a significant victory recently when the Court of Appeal reversed a trial court judgment that ruled the second most expensive …