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March 28, 2023 | Insurance Coverage Law Center

Dorchester Mutual Insurance Company v. Krusell

The question before the Supreme Judicial Court of Massachusetts was whether a personal injury suit arising out of a single push by an insured was "abuse" within the meaning of the abuse and molestation exclusion in the insured's homeowners policy.
25 minute read
March 23, 2023 | The Legal Intelligencer

A Look at Lawyer Immunity: Estate Attorneys, Part 1

There are practitioners who are de facto immune from an action in recompense from even their own admitted neglect.
5 minute read
February 23, 2023 | The Legal Intelligencer

Hospital Sued Over Patient's Leg Amputation

In April 2014, plaintiff Celia McHatton, 50, had her left leg amputated at the knee. She claimed that the amputation was due to inadequate care at Ephrata Community Hospital and its vascular surgeon, Dr. Thomas O'Connor.
4 minute read
February 02, 2023 | New York Law Journal

Of Burdens and Hatch Covers

In this edition of his Construction Accident Litigation column, Brian Shoot discusses two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022. One issue arises when a plaintiff moves for summary judgment under Labor Law §240. The other issue, which arises far less frequently, is whether a falling hatch cover (or similar object) may qualify as a "falling object" within the scope of Labor Law §240.
16 minute read
December 15, 2022 | New York Law Journal

The 'Privity-Like' Requirement for Professional Negligence and Negligent Misrepresentation Claims

As discussed in this article, determining whether a privity-like relationship is proven, or at the motion to dismiss stage adequately pleaded, is intensively fact-specific.
9 minute read
Law Journal Press | Digital Book New York Attorney Discipline: Practice and Procedure 2024 Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager View this Book

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November 21, 2022 | Daily Business Review

Florida Jury Awards $5.6 Million to College Student Now Quadriplegic After Jumping Into Pool During Party

A college student who suffered a neck fracture when he jumped into a pool during a party was awarded a $5,632,421 verdict by an Alachua County jury.…
8 minute read
November 03, 2022 | New York Law Journal

The 'Forbidden Conduct' Defense: Is It a Subset of the 'Sole Proximate Cause' Defense or an Entirely Different Animal?

Are these really "sole proximate cause" defenses or are they an entirely different animal? That threshold question, which may or may not give rise to the same answer for all three variants of the Forbidden Conduct argument, matters.
24 minute read
October 04, 2022 | Daily Report Online

1 Lawyer Disbarred, 1 Suspended and Reinstated, 1 Reprimanded, 1 License Surrender Accepted

The state's high court handed down four attorney discipline opinions on Tuesday.
37 minute read
August 09, 2022 | Daily Report Online

Supreme Court of Georgia Issues 6 Attorney Discipline Opinions

High court of Georgia disbars two lawyers, accepts voluntary petition for reprimand, accepts voluntary surrender of license, accepts petition for interim suspension, affirms denial of application for certification of fitness to practice law.
63 minute read
July 03, 2022 | The Legal Intelligencer

Judge Upgrades Data Breach Claims Against Marriott Based on Overpayment Theory

The novel "overpayment theory" of damages at the center of the Marriott class certification analysis cut through many of the problems of individualized harm that have stymied efforts to certify data breach classes in the past. This theory could represent a major change to the landscape of consumer data breach litigation.
8 minute read

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