9/22/23
By: Lynne Finley
In the recent Texas Supreme Court decision, The Univ. of Tex. Sys. v. The Franklin Ctr. For Gov’t & Pub. Integrity. Supreme Court of Texas. Jun 30, 2023. No. 21-0534 (Tex. Jun. 30, 2023), the court provided …
Category: Professional Liability and MPL
Res judicata dooms claim against Illinois real estate broker
9/20/23
By: Josh Zhao and Donald Patrick Eckler
Does the doctrine of res judicata bar a plaintiff’s claims against a real estate broker if the basis for those claims was undiscovered in a prior action against the seller that were not …
Tennessee’s new peer professional privilege
9/11/23
By: Jason M. Pannu and Timothy R. Gilbert
The Tennessee Supreme Court recently established a common law evidentiary privilege, specifically shielding defendant healthcare providers from being compelled to testify as to the standard of care applicable to other defendant healthcare …
Minority Position: Vician v. Bingham Greenebaum & Doll, LLP
9/11/23
By: Tia J. Combs
In the recent Court of Appeals of Indiana case, Vician, individually and on behalf of Bowman, Heintz, Boscia & Vician, P.C. v. Bingham Greenebaum & Doll, LLP n/k/a Dentons Bingham Greenebaum, LLP and Jeremy Hill, …
COVID-19 immunity for health care facilities upheld in Illinois
8/18/23
By: Kevin M. Ringel
In a victory for health care providers in Illinois, a state appellate court held yesterday that Governor Pritzker’s executive order issued in the early days of the COVID-19 pandemic grants immunity for ordinary negligence claims to …
ABA passes hotly debated amendments to Model Rule 1.16
8/16/23
By: Patrick J. Cosgrove and Yinan Ma
The ABA House of Delegates approved amendments to ABA Model Rule of Professional Conduct 1.16, Declining or Terminating Representation, and Comments [1], and [2]. According to the Report to the House of Delegates …
Eighth Circuit finds insurance broker caused no damage to additional insured
8/14/23
Following on the heels of the decision of the Illinois Appellate Court, First District in Santa Rosa Mall, LLC v. Aon Risk Services Central, Inc., 2023 IL App (1st) 221352, written about in this blog …
Court of Appeals of Georgia Affirms No Continuous Representation Rule in Georgia
8/7/23
By: Marissa A. Dunn and Jessica C. Samford
As the famous line from Spiderman goes, “with great power comes great responsibility.” Lawyers are familiar with this notion when representing clients and should take great care to clearly define the scope …
Illinois Appellate Court Says Broker Owes No Duty to Additional Insured
8/1/23
In a case of first impression, the Illinois Appellate Court, First District has ruled on a motion to dismiss that 1) an insurance broker does not owe a duty to an additional insured in the claims …
Third Time’s a Charm: California Enacts Model Rule of Professional Conduct Rule 8.3 Snitch Rule
7/17/23
By: William A. Muñoz
After two failed attempts in 2010 and 2016 to enact a version of Model Rule of Professional Conduct, Rule 8.3, otherwise known as the “Snitch Rule,” the California Supreme Court has approved a version of Rule …
What is a Health Care Liability Claim in Texas? A Tale of Two Cases
7/17/23
By Timothy Soefje and Gabriel Canto
Two Texas cases fortuitously reported on back-to-back days brilliantly illustrate the counterintuitive, contentious, and consequential labeling of Texas claims as Health Care Liability Claims (“HCLCs”) or non-HCLCs. An HCLC designation is important because it …
From Scripts to Sanctions: Defendants Dismissed With Help From Plaintiff’s Aggressive Parroting
7/5/23
By: Brian Goldberg and Jack Ma
Federal Rule of Civil Procedure 30(b)(6) requires a corporation, government agency, or other organization to designate one or more individuals to testify. Unlike regular employees, their testimony has far more weight and may significantly …