Legal Updates

• Practices: Professional Liability

105 matches.

• Do Illinois Attorneys Have a Duty to Assess Their Client's Mental Competence?
  Lawyers for the Profession®
  January 7, 2025
• Hinshaw Readers' Choice Awards: Top Professional Liability and Legal Ethics Articles of 2024
  Lawyers for the Profession®
  December 30, 2024
• Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent
  Lawyers for the Profession®
  September 30, 2024
• Wisconsin Appellate Court Enforces Limited Scope Retainer Agreement
  Lawyers for the Profession®
  September 25, 2024
• Absolute Litigation Privilege Bars Claims Stemming From Communications Related to Litigation
  Lawyers for the Profession®
  August 22, 2024
• Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned
  Lawyers for the Profession®
  June 24, 2024
• A Defense Win in Texas on the Issue of "But For" Proximate Causation in a Legal Malpractice Case
  Lawyers for the Profession®
  May 3, 2024
• Illinois Appellate Court Affirms Default Judgment Against Attorney After He Repeatedly Fabricated Expert Witness Disclosures "From Whole Cloth"
  Lawyers for the Profession®
  April 22, 2024
• Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim
  Lawyers for the Profession®
  April 1, 2024
• Colorado Appellate Court Affirms Summary Judgment on Plaintiff's Claim of Defendants' Negligence in "Inadequate Settlement" Case for Lack of "But For" Causation
  Lawyers for the Profession®
  March 25, 2024
• Deciphering Forum Non-Conveniens: Global Law Firm Headquarters’ Location Deemed a Convenient Forum
  Lawyers for the Profession®
  February 22, 2024
• Florida Bar Advisory Opinion 24-1 Gives Green Light to Generative AI Use by Lawyers – With Four Ethical Caveats
  Lawyers for the Profession®
  February 5, 2024
• Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment
  Lawyers for the Profession®
  February 2, 2024
• Fraudulent Concealment and/or Equitable Estoppel Tolled the Statute of Repose in a Legal Malpractice Claim
  Lawyers for the Profession®
  October 23, 2023
• Illinois Appellate Court Confirms That the Statute of Limitations Commences Once the Plaintiff Has Sufficient Evidence to Know of Her Injury
  Lawyers for the Profession®
  October 11, 2023
• Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim
  Lawyers for the Profession®
  October 4, 2023
• Different Outcomes for Two Law Firms in Legal Malpractice Case Confirm That Lawyers Representing Estate Administrator Do Not Owe a Duty to Beneficiaries
  Lawyers for the Profession®
  September 12, 2023
• Appellate Court Affirms $700,000 Judgment Against Lawyer in Malpractice Action, in Part, Because Defendant Failed to File Post-Trial Motion
  Lawyers for the Profession®
  February 16, 2023
• Illinois Appellate Court Holds Legal Malpractice Claim is Barred by Statute of Repose, Rejects Plaintiff's Tolling Argument
  Lawyers for the Profession®
  July 22, 2021
• Georgia Malpractice Judgment Reversed Because Trial Court Improperly Allowed Jury to View Complaint With Dismissed Claims
  Lawyers for the Profession®
  July 16, 2021
• FAQs: Illinois Civil Procedure Amendment Imposes 6% Prejudgment Interest in Personal Injury and Wrongful Death Actions
  Hinshaw Alert
  June 16, 2021
• Florida Court Rules That Retainer Agreement Arbitration Provision is Enforceable and Severable From Agreement's Unenforceable Fee & Cost Shifting Provisions
  Lawyers for the Profession®
  April 27, 2021
• Federal District Court in Nevada Tosses China-Based Auto Dealer's Legal Malpractice Suit Against Law Firm Based on Lack of Jurisdiction
  Lawyers for the Profession®
  March 18, 2021
• Wisconsin Appellate Court Refines Actual Innocence Rule in Claims Against Criminal Defense Counsel
  Lawyers for the Profession®
  December 21, 2020
• Practical Tips to Mitigate Legal Risk When Videoconferencing
  Lawyers for the Profession®
  December 11, 2020
• Landscaping Co. Gets Clipped: Malpractice Action Time-Barred and Fraudulent Concealment Claim Rejected
  Lawyers for the Profession®
  December 3, 2020
• Florida Appellate Court Reduces Legal Malpractice Verdict From $5M to $250K Because Plaintiff Failed to Prove Underlying Judgment Was Collectible
  Lawyers for the Profession®
  November 19, 2020
• Plaintiff Cannot Maintain Legal Malpractice Action Absent Proof of Fraudulent Inducement to Settle
  Lawyers for the Profession®
  September 30, 2020
• Defendants Entitled to Summary Judgment on Lack of Proximate Causation Because Plaintiffs' Expert Opinions were Conclusory
  Lawyers for the Profession®
  August 31, 2020
• Florida Bar Advisory Opinion Holds New Jersey Lawyer Working Remotely From Florida Home Does Not Violate Unauthorized Practice of Law Rules
  Lawyers for the Profession®
  August 11, 2020
• Illinois Court Declines to Adopt "Continuous Course of Treatment Doctrine" in Accountant Malpractice Claims
  Lawyers for the Profession®
  December 19, 2018
• Legal Malpractice Case Dismissed for Lack of Personal Jurisdiction under Illinois Long Arm Statute
  Lawyers for the Profession®
  November 30, 2017
• Communications Between Public Relations Firm and Counsel Held Not Privileged
  Lawyers for the Profession®
  March 20, 2017
• Life Insurance Industry Loses Challenge to Department of Labor Fiduciary Liability Rules
  Lawyers for the Profession®
  November 10, 2016
• Case Reminds Insurance Agents to Review Process of Receiving Approval from Insureds Before Submitting Applications to Carriers
  Lawyers for the Profession®
  May 24, 2016
• Agent Had No Duty to Produce Additional Insurance Coverage For Lost Rent and Soft Cost Without a Specific Request
  Lawyers for the Profession®
  May 9, 2016
• Insurance Broker Had No Duty to Inform Security Company Insured of Change in Exclusion Language for Alarm Systems
  Lawyers for the Profession®
  April 18, 2016
• Insurance Producer Had No Duty to Review Insured's Application for Replacement Coverage and Explain the Application to the Insured
  Lawyers for the Profession®
  April 7, 2016
• Sellers' Real Estate Agent Did Not Breach Duty to Disclose Existence of Mold to Buyers
  Lawyers for the Profession®
  January 13, 2016
• Insurance Brokerage Company's Employee Was Insurer's Agent for Purposes of Accepting Notice of Claim
  Lawyers for the Profession®
  November 9, 2015
• Engineering Company Found Liable for Professional Negligence Despite Lack of Contractual Relationship
  Lawyers for the Profession®
  October 19, 2015
• Insurance Broker Not Liable to Estate of Patron Crushed by Inflatable for Failure to Procure Coverage
  Lawyers for the Profession®
  August 31, 2015
• Time's Up: Limitations Period Began Running on Claim Once Insured Learned His Policy Had Expired
  Lawyers for the Profession®
  July 14, 2015
• No Breach of Contract Where Code Not in Contract for Architectural Services
  Lawyers for the Profession®
  June 15, 2015
• California Court Holds Unforeseeable Injury From Malpractice Supports Dismissal
  Lawyers for the Profession®
  June 12, 2015
• Professional Engineers May Testify as Expert Witnesses Against Licensed Architect
  Lawyers for the Profession®
  May 27, 2015
• Insurance Adjuster Not Liable for Breach of Duties of Good Faith and Fair Dealing in Adjusting a Claim
  Lawyers for the Profession®
  March 19, 2015
• California Appellate Court Bars Equitable Indemnity Claim Against Design Professional Where Only Economic Damages Are Involved
  Lawyers for the Profession®
  February 10, 2015
• Insurance Agent Who Provided Carrier's Valuation and Two Competing Quotes Did Not Counsel the Insured and Create a Special Relationship
  Lawyers for the Profession®
  January 20, 2015
• Illinois Condominium Property Act Does Not Impose a Duty on an Insurance Producer to Procure Sufficient Insurance Coverage Compliant With That Act
  Lawyers for the Profession®
  January 14, 2015
• Court Examines Producer's Role in Processing Inaccurate Online Application
  Lawyers for the Profession®
  September 9, 2014
• Declaratory Judgment Entered Against Architect’s Insurer finding that Design Flaws Were Unrelated and Subject to Separate Liability Limits
  Lawyers for the Profession®
  September 3, 2014
• Statute of Limitations Bars Claim for Patent Defect
  Lawyers for the Profession®
  August 18, 2014
• Engineer Who Placed His Seal On Allegedly Defective Design Plans Did Not Have An Independent Tort Duty To Owner
  Lawyers for the Profession®
  August 12, 2014
• California Supreme Court Finds that Architect has a Duty of Care that Extends to Future Purchasers of Condominiums
  Lawyers for the Profession®
  July 30, 2014
• Non-Fiduciary Held Liable for Aiding and Abetting Breach of Fiduciary Duty
  Lawyers for the Profession®
  July 24, 2014
• Is Real Estate Agent Liable For Bodily Injuries Suffered By Prospective Purchaser?
  Lawyers for the Profession®
  July 22, 2014
• Special Relationship Existed Between Insurance Broker and Insured for Business Interruption Coverage
  Lawyers for the Profession®
  July 10, 2014
• Insurance Adjuster Employed by Carrier Can Be Held Liable for Negligent Misrepresentation Regarding Coverage
  Lawyers for the Profession®
  June 17, 2014
• Expert Testimony May Not Always Be Required for Professional Negligence Cases in Connecticut
  Lawyers for the Profession®
  June 12, 2014
• New Jersey's Affidavit of Merit Statute Interpreted to Apply to Intentional Torts Where the Focus of the Claim Is the Deviation from the Professional Standard of Care
  Lawyers for the Profession®
  June 9, 2014
• D&O Insurance Carrier Barred from Seeking Declaratory Judgment on Coverage
  Lawyers for the Profession®
  May 8, 2014
• Insurance Agent had Special Duty to Advise Dental Practice About its Insurance Coverage and to Procure Full Coverage
  Lawyers for the Profession®
  March 13, 2014
• Insurance Producer's Complaint for Judicial Review of License Revocation Dismissed for Failure to Exhaust Administrative Remedies
  Lawyers for the Profession®
  February 20, 2014
• Court Finds that Statute Eliminated the Distinction Between Agents and Brokers
  Lawyers for the Profession®
  December 30, 2013
• The California Court of Appeal Bars Assignee's Claim Against Broker Under the Superior Equities Doctrine and Refuses to Expand Broker's Duty to Procure Insurance
  Lawyers for the Profession®
  November 21, 2013
• Local Counsel in Iowa Required to Function as "Co-counsel"
  Lawyers for the Profession® Alert
  November 13, 2013
• California Supreme Court Allows Costs Under C.C.P. § 998 From Date of First Offer When the Opposing Party Fails to Beat Any of the Multiple Offers
  Lawyers for the Profession®
  July 9, 2013
• California and Illinois Appellate Courts Uphold Contractual Statute of Limitations Provision Abrogating Delayed Discovery Rule
  Lawyers for the Profession®
  June 12, 2013
• Broker Associated With Defunct Firm May Compel FINRA Arbitration
  Lawyers for the Profession®
  June 11, 2013
• Insurance Producer Owed No Duty to Additional Insured to Notify Excess Carrier
  Lawyers for the Profession®
  May 15, 2013
• Broker Liable for Failure to Obtain Excess Defense Cost Coverage for CCIP Program
  Lawyers for the Profession®
  May 6, 2013
• Insurance Agency Potentially Liable for Use of a Cost Estimator Program to Calculate Replacement Cost
  Lawyers for the Profession®
  April 3, 2013
• Agent Not Liable for Mental Distress Damages for Katrina Losses; Still Liable for Attorneys Fees and Special Damages
  Lawyers for the Profession®
  February 28, 2013
• Insurance Broker Can Be Liable to Insured Who Did Not Read the Insurance Policy
  Lawyers for the Profession®
  February 20, 2013
• Agent Not Liable for Not Obtaining Additional Coverage
  Lawyers for the Profession®
  January 15, 2013
• Insurance Agent Not Liable for Failure to Cover Boat
  Lawyers for the Profession®
  November 8, 2012
• Architect Not Liable to Unsuccessful Bidder for Tortious Interference
  Lawyers for the Profession®
  October 31, 2012
• California Insurance Agent Who Improperly Completed Insurance Application Liable to Insured
  Lawyers for the Profession®
  October 3, 2012
• Insurance Agent Can Be Sued by Intended Beneficiary for Negligence
  Lawyers for the Profession®
  September 26, 2012
• District Court Declines to Extend Business Judgment Rule to Corporate Officers
  Lawyers for the Profession®
  August 2, 2012
• Continuous Representation Doctrine Not Necessarily Limited to Attorney-Client Relationship
  Lawyers for the Profession®
  July 10, 2012
• Federal Circuit Holds That Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Claim Arising out of Patent Prosecution
  Lawyers for the Profession® Alert
  May 31, 2012
• CMS Issues Two Final Rules Modifying Hospital Conditions of Participation and Updating Other Provisions
  Health Care Alert
  May 16, 2012
• Broker Had No Duty to Monitor Solvency of Insurance Company After Policy Issued
  Lawyers for the Profession®
  March 7, 2012
• New York Appellate Court Adopts Zubulake, Imposes Spoliation Sanctions
  Lawyers for the Profession® Alert
  February 22, 2012
• Mississippi Appellate Court Upholds Standing of Excess Insurer To Sue Defense Counsel
  Lawyers for the Profession® Alert
  February 15, 2012
• Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Action Arising Out of Patent Infringement Claim
  Lawyers for the Profession® Alert
  January 26, 2012
• Bank Not Liable to Architects Under "Instrumentality" Theory for Defaulted Developer's Nonpayment of Fees
  Lawyers for the Profession®
  May 9, 2011
• Insurance Agents Liable for Submitting Application With Incorrect Information That Client Signed Without Reading
  Lawyers for the Profession®
  May 4, 2011
• Architect Potentially Liable to Indemnify Owner for Electrical Subcontractor’s Negligence
  Lawyers for the Profession®
  April 21, 2011
• Materials Testing Company Owed No Duty to Concrete Subcontractor
  Lawyers for the Profession®
  April 7, 2011
• Mechanics' Liens Now Available to Design Professionals in Massachusetts
  Lawyers for the Profession®
  March 22, 2011
• Supreme Court Broadens First Amendment Protection Against State Tort Claims
  Lawyers for the Profession®
  March 10, 2011
• Court Rejects Argument That Home Inspection Form Contract Was Contrary to Public Policy and Unconscionable
  Lawyers for the Profession®
  March 7, 2011
• Insurance Agent Not Liable for Negligent Misrepresentations
  Lawyers for the Profession®
  December 15, 2010
• Course of Practice May Determine an Insurance Agent's Authority to Issue a Binder/Evidence of Insurance – AND – Finding of Bad Faith May Preclude an Insurer From Seeking Indemnity From an Insurance Agent
  Lawyers for the Profession®
  December 9, 2010
• U.S. Supreme Court Clarifies That "Policy or Custom" Requirement for Establishing Section 1983 Municipal Liability Applies to Claims Seeking Declaratory or Injunctive Relief
  Lawyers for the Profession®
  December 2, 2010
• California Court Holds That Sellers Agents Must Disclose When Their Clients' Property Is Overencumbered by Debt
  Lawyers for the Profession®
  October 18, 2010
• Professional Lines Alert
  Lawyers for the Profession®
  August 27, 2010
• Professional Lines Alert
  Lawyers for the Profession®
  August 10, 2010
• Professional Lines Alert
  Lawyers for the Profession®
  July 28, 2010
• Montana Supreme Court Finds Due Process Violation in Lawyer Disciplinary Proceeding
  Lawyers for the Profession® Alert
  May 27, 2010
• Second Circuit Strikes Down Certain of New York's Attorney Advertising Rules; Upholds 30-Day Solicitation Moratorium in Personal Injury and Wrongful Death Matters
  Lawyers for the Profession® Alert
  March 18, 2010
• CMS and ONC Issue Regulations Defining "Meaningful Use" of EHR Technology
  Health Care Alert
  January 19, 2010