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Searching Content indexed under Professional Negligence by Wilson Elser Moskowitz Edelman & Dicker LLP ordered by Published Date Descending.
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Don't Overlook Hudson: Still A Seminal Case 11 Years Later
Adam T. Ernette (Associate-Chicago) was published in the August 19, 2019, issue of the Illinois Bar Journal.
United States
2 Aug 2019
2
Supreme Court Precludes Punitive Damages For Unseaworthiness Claims
In a landmark decision, the Supreme Court has precluded the recovery of punitive damages for unseaworthiness claims.
United States
18 Jul 2019
3
2019 Liquor Liability Review
Every wife, child, parent or other person who shall be injured in person, property or means of support by any intoxicated person or in consequence of the intoxication of any person
United States
11 Mar 2019
4
You Had Me At "I'm Sorry": The Impact Of Physicians' Apologies On Medical Malpractice Litigation
Physicians typically recall, with stunning clarity, the moment a patient's treatment went wrong.
United States
12 Nov 2018
5
The Motion For Partial Summary Judgment: The Litigator's Often Forgotten Tool
The discovery phase in your products liability lawsuit has been completed and it's time to decide the next course of action before proceeding to trial.
United States
17 Oct 2018
6
The Motion For Partial Summary Judgment: The Litigator's Often Forgotten Tool
The discovery phase in your products liability lawsuit has been completed and it's time to decide the next course of action before proceeding to trial.
United States
16 Oct 2018
7
Massachusetts Finds Pharmacists Have A Legal Duty To Notify Prescribing Physicians Of Need For Prior Authorization Forms
Not so long ago, a pharmacist's main role was limited to filling a prescription with the prescribed medication, dose and amount.
United States
11 Jun 2018
8
Factual And Legal Issues Of Malpractice In Ambulatory Surgical Centers
We all are familiar with complex medical malpractice lawsuits against hospitals that include claims against the numerous professionals and staff members involved in the treatment of admitted patients.
United States
3 Nov 2017
9
Florida Supreme Court Rulings Affecting Health Care Providers
The Supreme Court found that the agreement signed by Mrs. Crespo was void and violated public policy because it included statutory terms that only favored the providers.
United States
3 May 2017
10
Claims Of Negligent Hiring, Supervision Or Retention Draw Hospitals Into Abuse Cases
Hospitals are commonly named as defendants in medical malpractice lawsuits for claims arising from alleged injuries within their walls, but what is their exposure to liability for claims that arise from alleged sexual assaults by staff on their premises?
United States
8 Feb 2017
11
Eleventh Circuit Upholds Economic Loss Rule In Product Liability Lawsuits
The Economic Loss Rule is a doctrine of law that prohibits a product liability claim being brought against a manufacturer for a defective product that only destroys itself, without harm to other property or to a person.
United States
9 Jan 2017
12
California Supreme Court Imposes Broad Liability For Employers And Premises Owners In "Take-Home" Toxic Exposure Cases
The Supreme Court of California has overturned prior case law and imposed broad new liability on "employers and premises owners" in "take-home" toxic exposure cases.
United States
22 Dec 2016
13
Emergency Room Liability: Raising the Hurdle of Requisite Proof While Lowering the Damage Caps
Emergency Room Liability: Raising the Hurdle of Requisite Proof While Lowering the Damage Caps
United States
1 Sep 2016
14
Dabbling: A Dangerous Practice Even For Accomplished Attorneys
William F. McDevitt analyzed the risky practice of lawyers practicing outside their areas of expertise in "Dabbling: A Dangerous Practice Even for Accomplished Attorneys" in the June 9, 2016, issue of The Legal Intelligencer.
United States
28 Jun 2016
15
California Appeals Court Rules Industry Custom & Practice May Be Admissible In Strict Products Liability Cases
In most product liability lawsuits, the plaintiff will sue under theories of negligence and strict liability.
United States
3 Jun 2016
16
New Jersey Expands Fee-Shifting In Legal Malpractice Actions To Include Non-clients
On April 26, 2016, a sharply divided New Jersey Supreme Court held that attorneys may be liable for counsel fees if they are found to have intentionally breached their fiduciary duty to non-clients.
United States
25 May 2016
17
Limiting Exposure In Negligent Hiring And Retention Claims: The FAST Act's Exclusion Of CSA Data From Public View
The passing of the Fixing America's Surface Transportation Act (FAST Act) ushers in com­prehensive reforms to the Federal Motor Carrier Safety Administration (FMCSA).
United States
12 Feb 2016
18
Southern District Of Illinois Court Denies "Bare Metal Defense," Applying Maritime Law
Ingersoll-Rand argued that it is not liable for injuries caused by products it did not manufacture or distribute and that "it is undeniable that a metal valve does not contain or give off any asbestos dust or asbestos fibers."
United States
26 Nov 2015
19
Florida Constitutional Provision Mandating Disclosure Of Adverse Medical Incidents Preempted By Federal Patient Safety And Quality Improvement Act
Article X, section 25 of the Florida constitution was adopted in 2004 and is commonly referred to by its ballot designation of "Amendment 7."
United States
9 Nov 2015
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