Third-Party Litigation Financiers: A Trend Towards Automatic Disclosure
5/3/23
By Gabriel Canto and Sharlynne M. Mate
Third-party litigation financing is the practice of obtaining litigation financing through a third-party financial institution (i.e. “the financier”). Although there is no universally accepted definition of third-party litigation finance, such agreements share several …
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 …
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 …
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 …
3/23/23
By Scott Hroza
Failing to file a timely post-trial motion is one of the most common ways an attorney can get sued for malpractice. On April 24, 2023, the Supreme Court of the United States will be hearing oral argument …
Georgia Clarifies When an Exculpatory Clause will Apply to Preclude Liability
3/21/23
By Adam P. Reichel and Marc J. Shrake
Contract language and the extent it can be used to limit liability in the professional context is a never-ending chess match between individuals seeking to impose liability and professionals attempting to evade …
Supreme Court Limits Liability for Failure to Accurately Report Foreign Bank Accounts
3/6/23
By: Nancy Reimer
In a 5-4 decision, the Supreme Court limited an individual’s liability under 31 U.S.C. § 5314 for failure to accurately report foreign bank accounts to the government. Bittner v. United States, No. 21-1195, 598 U.S. __ (slip …
To Arbitrate or Not to Arbitrate: That Is The Question
3/1/23
By: Jessica Farrelly and Jessica Cauley
How broadly can an employer apply an arbitration agreement? In Espinoza v. Peoplease, LLC, the United States District Court for the Southern District of Florida recently evaluated the right to compel arbitration …
2/16/23
By Thomas K. McCraw, Jr., Esq. and Alexandra F. Held, Esq.
Both federal and state law impose an affirmative duty on defendants to preserve relevant evidence to a legal action involving their organizations—but when exactly does this duty begin? …
Massachusetts Appeals Court Rejects Double Taxation Argument
2/16/23
By: Ben N. Dunlap
In Murrow v. Bd. of Assessors of Bos., the petitioner Murrow, a Boston taxpayer, asserted the City of Boston (the “City”) cannot tax both the common area of a condominium, owned by the unit owners, …
2/9/23
By: Jessica Gray Kelly & Ryan Giggi
On February 2, 2023, Massachusetts’s Supreme Judicial Court (“SJC”) upheld a real estate broker’s right to recover lost commissions after her clients breached an oral exclusivity contract and purchased a home on their …