United States: Professional Negligence

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Navigating Ex Parte Contact With Health Care Providers In Medical Malpractice Litigation
In Snyder v. Virginia Mason Medical Center, No. 104136-5 (Wash. Oct. 1, 2026), the Washington Supreme Court held that corporate defense counsel, risk managers, and claims adjusters may not communicate ex parte with a hospital’s former employee health care providers about patient care. The Court reaffirmed Loudon v. Mhyre, 110 Wn.2d 675, 756 P.2d 138 (1988) prohibiting ex parte communication by defense counsel with a plaintiff’s treating physicians, held that prejudice is presumed when Loudon is violated, and ruled that a quality improvement (QI) committee member’s involvement in defense strategy waives the committee’s statutory privilege under Wash. Rev. Code § 70.41.200.
United States Healthcare
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
Article
Alabama Supreme Court Holds Professional Services Exclusion Applies To Pharmacy Technician’s Compounding Of Medication
The Supreme Court of Alabama, applying Alabama law, has held that a pharmacy technician’s act of compounding medication constitutes a “professional service” under a professional services exclusion in a commercial general liability policy. OMS Pharmacy, Inc. v. Nationwide Prop. & Cas. Ins. Co., 2026 WL 3031566 (Ala. Oct. 9, 2026).
United States Insurance
WR
Wiley Rein
Article
Judgment Day On The Jobsite: Accounting For AI In Construction — From Contract To The Field
As artificial intelligence moves from contract documents onto construction sites, questions of liability, data privacy, and professional responsibility are becoming increasingly urgent. From autonomous equipment and biometric monitoring to AI-driven project administration, the construction industry faces a new frontier of legal risk that existing frameworks may not adequately address.
United States Real Estate
SH
Stites & Harbison PLLC
Article
How To Define “Bad Faith” For Jurors (Video)
Jury research across multiple bad faith insurance cases reveals a critical disconnect between how jurors naturally understand "bad faith" and the legal definitions they must apply. Mock juror data shows that 43% view bad faith as selfishness prioritizing the insurer over the insured, while 37% see it as actively working against the insured's interests—perspectives that may not align with jurisdiction-specific legal standards requiring only proof of failure to settle appropriately.
United States Litigation
IMS Legal Strategies
Article
Your Contractor Has Insurance. That Doesn’t Mean You’re Covered.
Logging contractors face significant insurance gaps that can leave hiring companies exposed to wildfire suppression costs, timber trespass, and equipment damage. Understanding the difference between certificates of insurance, endorsements, and actual policy coverage is critical before work begins in the forest. This analysis examines the specific coverage issues that arise in forestry operations and provides practical guidance for aligning contracts, insurance documents, and operational risk.
United States Litigation
FL
Fennemore
Article
USPTO Reinstates Double Patenting Rejections In Ex Parte Baurin: What Life Sciences Innovators Need To Know
The USPTO Appeals Review Panel's August 2026 decision in Ex parte Baurin reinstated nonstatutory double patenting rejections against Sanofi's antibody-like binding protein application, even though the application would expire before the reference patent. This precedential ruling raises critical questions about whether the risk of harassment by multiple patent owners alone justifies double patenting rejections, particularly when no extension of patent term exists.
United States IP
FH
Foley Hoag LLP
Article
Contracts As The First Line Of Defense: Key Strategies For Design Professional Risk Management
For design professionals, the contract is far more than a formality; it is the foundation on which a successful defense is built. When claims arise, whether involving alleged design defects, construction delays, or personal injury on the jobsite, the first question defense counsel asks is simple: What does the contract say?
United States Commercial
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
Article
Data Centers In The Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
A wave of class action lawsuits targeting data center operators has emerged, alleging that noise from cooling systems and generators constitutes nuisance and negligence. Plaintiffs' firms are deploying coordinated legal strategies across multiple jurisdictions, following playbooks used in prior mass tort campaigns. Data center operators face growing legal exposure as complaints expand from property damage claims to broader health impact allegations.
United States Litigation
CM
Crowell & Moring LLP
Article
Washington Court Of Appeals Recognizes Employer Duty To Employee’s Future Child In Preconception Exposure Case
A Washington Court of Appeals has ruled that an employee's not-yet-conceived child may pursue a negligence claim against the employer for birth defects allegedly caused by workplace chemical exposure before conception. The decision addresses whether employers owe a duty of care to future children and whether workers' compensation exclusivity bars such claims, with significant implications pending potential Supreme Court review.
United States Employment
FL
Fennemore
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