United States: Professional Negligence

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What Do You Mean I Am Not Indemnified?—The Comparative Negligence Trap In Indemnity Clauses In Texas

Texas, like a number of other states, strictly interprets indemnity clauses. Moreover, it has adopted a strict interpretation of a rule called the Express Negligence Doctrine.

United States Litigation

K

Klemchuk

Illinois Appellate Court Requires Setoff Of High-Low Settlement Payments Even After A Defense Verdict

Because a tort plaintiff in Illinois is entitled to only one satisfaction for an injury, the state's Joint Tortfeasor Contribution Act (the Act), 740 ILCS 100/0.01, et seq., provides that a settlement...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Bakerly v. Seafrigo: A Rare Look Into The Commission's Award Of Attorneys' Fees

The Federal Maritime Commission's (FMC or Commission) recent decision on Seafrigo's petition for attorneys' fees in Bakerly, LLC v. Seafrigo USA, Inc., Dkt. No. 22‑17, offers a rare window into how the FMC...

United States Litigation

HK

Holland & Knight

Supreme Court Confirms That State Affidavit-of-Merit Laws Don't Apply In Federal Court

About half of U.S. states have enacted affidavit-of-merit (or certificate-of-merit) requirements for malpractice cases against licensed professionals like doctors or lawyers.

United States Litigation

Wa

Ward and Smith, P.A.

No Room For Assumptions: Oregon Supreme Court Reinforces Strict Standard For Tort Waivers

United States Litigation

CO

Cozen O'Connor

Supreme Court Hears Arguments Regarding President Trump's Attempt To Remove Lisa Cook From The Fed Board Of Governors

United States Litigation

BS

Ballard Spahr LLP

Trial Evidence—Not Summary Judgment Papers—Control On Appeal

United States Litigation

PL

Patterson Law Firm

U.S. Supreme Court Rules State Affidavit/Certificate Of Merit Requirements Do Not Apply In Federal Court

United States Litigation

DM

Duane Morris LLP

What Events Should I Expect In A Lawsuit?

United States Litigation

BB

Beresford Booth

Kentucky Supreme Court Clarifies Privilege For Hospital Incident Reports And Root Cause Analyses

United States Litigation

SH

Stites & Harbison PLLC

A Claim About When Elite Representation Goes Wrong: Legal Malpractice And Fiduciary Breach

United States Litigation

PL

Patterson Law Firm

My Neighbor Has A Dangerous Tree

United States Litigation

BB

Beresford Booth

Fourteenth Court Of Appeals Reaffirms Standard To Establish Exclusive Remedy Defense Under The Texas Workers' Compensation Act

United States Litigation

BB

Baker Botts LLP

State Farm Fire And Casualty Company v. Curtis Diblin

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

J

JAMS

Federal Government Continues Anti-Fraud Enforcement In The Sports Industry And Signals Desire To Work Cooperatively With Organizations Under Investigation

United States Criminal

SJ

Steptoe LLP

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

W

WilmerHale

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

Legal Risks In Horse Boarding Contracts Under North Carolina Law And How To Avoid Them

Operating a large boarding facility in North Carolina is rewarding and complex.

United States Real Estate

Wa

Ward and Smith, P.A.

When Shareholder Disputes Lead To Legal Malpractice Claims

Shareholder disputes often reveal deeper issues, including attorney negligence. Explore how conflicts of interest and vague agreements can turn a corporate battle into a legal malpractice claim...

United States Commercial

PL

Patterson Law Firm

Litigation Risk Across Supply Chains: Court Allows Forced Labor Claims Against U.S. Tuna Company To Proceed

District court's denial of a motion to dismiss Indonesian fishers' Trafficking Victims Protection Reauthorization Act ("TVPRA") and California negligence claims—alleging that a U.S.

United States Litigation

JD

Jones Day

Teacher's $10 Million Jury Award In School Shooting Case Highlights Administrators' Duties To Heed Violence Threats

An elementary school teacher shot by a six-year-old student was recently awarded $10 million in damages by a jury in Virginia, according to multiple reports.

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

California Appellate Decision Solidifies Rule On Standing For Opposing Motions For Summary Judgment By Co-Defendants

United States Litigation

CH

Clark Hill

Brown v. GlobalLogic And Oracle: Key Allegations, Oracle E‑Business Suite, And What It Means For Customers

United States Litigation

TG

Tactical Law Group LLP

Lessons From ERP Lawsuits: Key Contract Provisions And Litigation Themes

United States Litigation

TG

Tactical Law Group LLP

Illinois Federal Court Allows Plaintiffs To Proceed In Data Breach Class Action Anonymously

United States Litigation

DM

Duane Morris LLP

New York Court Of Appeals Upholds Long-Standing Tort Law Regarding Medical Malpractice Damages

United States Healthcare

GT

Greenberg Traurig, LLP

Does Insurance Cover California Employers For Intentional Acts Of Employee Violence?

United States Litigation

BT

Barnes & Thornburg LLP

State Tort Liability For Nuclear Incidents?

United States Litigation

BD

Beveridge & Diamond

Our Approach To Kaiser Medical Malpractice Claims

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

U.S. Supreme Court Agrees To Address Preemption Of Freight Broker Negligence Claims

United States Transport

DM

Duane Morris LLP

Sword Or Shield? Using Your Contract To Mitigate Risk

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

State Tort Liability For Nuclear Incidents?

Before last year, federal appellate courts consistently looked to federal safety regulations to define the standard of care in tort suits related to nuclear contamination or personal injury.

United States Litigation

BD

Beveridge & Diamond

Our Approach To Kaiser Medical Malpractice Claims

Once a new client contacts us, the Walkup Kaiser malpractice team knows the steps to take to obtain all relevant records, X-rays, and special studies, and create a timeline of care.

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

U.S. Supreme Court Agrees To Address Preemption Of Freight Broker Negligence Claims

On October 3, 2025, the U.S. Supreme Court agreed to hear a case involving a critical issue for freight transportation that is the current subject of a split among federal appeals courts...

United States Transport

DM

Duane Morris LLP

Sword Or Shield? Using Your Contract To Mitigate Risk

Professional services agreements often are treated as a formality—boilerplate documents signed at the outset of an engagement and then forgotten.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

A Seat At The Table: Third Parties And Exclusive Jurisdiction Clauses

United States Litigation

AO

A&O Shearman

Disney Hit With Class Action Lawsuits Immediately Following FTC Settlement

In a reminder that the FTC's new enforcement priorities will likely drive additional litigation risks, days after the settlement was announced, Disney Worldwide Services and Disney Entertainment Operations, LLC...

United States Privacy

BS

Ballard Spahr LLP

Employer Liability For Non-Employee Acts? Sixth Circuit Imposes High Standard And Rejects EEOC Guidance

With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC's guidelines (and split with several other circuits) to hold that the standard for holding...

United States Employment

FL

Foley & Lardner

New York Team Secures Reversal Of Summary Judgment In Rear End Accident: Not All Sudden Stops Are Equal

Sudden Stop on Highway Provides Non-Negligent Explanation for Rear-End Collision; New York Transportation Team and Appellate Practice Obtain Reversal of Summary Judgment to Plaintiffs on Appeal...

United States Transport

LB

Lewis Brisbois Bisgaard & Smith LLP

To Admit Negligence Or Not To Admit Negligence

Civil defense litigators are often faced with the dilemma of whether to admit negligence or contest liability on all issues. In cases where liability is relatively clear, defense counsel...

United States Litigation

mm

Maron Marvel Bradley Anderson & Tardy

Texas Supreme Court Clarifies Proximate Cause In A Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

United States Litigation

CT

Cowles & Thompson, PC

Massage Facility Franchisor Has No Liability To Sexual Assault Victim Of Franchisee's Employee – Texas Supreme Court Rules

United States Litigation

CT

Cowles & Thompson, PC

The Double-Edged Sword Of Chapter 93A, Section 11 In Massachusetts Business Litigation

United States Litigation

NM

Nelson Mullins Riley & Scarborough LLP

The Evolving Landscape Of Kitchen Countertop Silicosis Litigation In The U.S.

United States Litigation

DK

Deutsch Kerrigan

Are Automakers Liable For Crime-Driven Costs? Ninth Circuit Certifies Question To New York High Court

United States Litigation

D

Dechert

Take-Aways From Accountants' Liability 2025 Conference: Navigating The Changing Regulatory Landscape And Risks From Emerging Technologies

United States Litigation

SH

Stites & Harbison PLLC

With The Exception Of Handling Concursus Proceedings, State Courts Should Be Deemed To Have Jurisdiction To Adjudicate All Limitation Of Liability Issues Under The Shipowner's Limitation Of Liability Act

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

LITIGATION UPDATE: Actual Responsibility And Substantial Factor Causation In The Wake Of Werner v. Blake: A Win For Commercial Drivers And Their Employers

United States Litigation

KR

Kane Russell Coleman Logan

Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US

United States Insurance

AA

Adams & Adams

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

What Can Happen When The Failure To Provide Discovery Crosses The Line? - New Jersey Law Journal

United States Litigation

PB

Porzio, Bromberg & Newman

New Louisiana State Legislation Rolls Back Advantages Long Afforded To Personal Injury Claimants

United States Litigation

JW

Jones Walker

Walters v. OpenAI, L.L.C.

United States Litigation

LL

Loeb & Loeb LLP

Driving Change: How Litigation Against Amazon Is Making Our Roads Safer

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Minnesota Supreme Court Upholds Enforceability Of Contract Release Language Against Negligence Claims

United States Litigation

GT

Greenberg Traurig, LLP

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Latest Videos

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Printable Step-By-Step Guide On What To Do After A Car Accident (Video)

Wa

Ward and Smith, P.A.

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