Professional Liability Litigation Archives

Better Call Saul: Attorney Misconduct and Penalties in Florida

August 6, 2018 9:00am

Heard any good jokes lately? Or better yet, heard any stories about “honest” lawyers? The perception of lawyers in this country is they are dishonest, crooked and will do anything to make a quick buck. And, then there are movies and TV shows which lionize attorneys and make them look like modern day heroes (see “Law & Order” DA Jack McCoy and John Travolta in “A Civil Action”). The truth is lawyers are human like everyone else and do the best they can each day to uphold the vow they took when they became a member of their state’s bar association. However, humans do make mistakes and that includes lawyers.

When May a Defendant Obtain Certiorari Review of Discovery Order?

Author: Damian M. Fletcher

November 5, 2017 10:42am

In this wrongful death case brought against two pharmacies, the plaintiff alleged a woman died of multiple drug toxicity due to the alleged negligence of the pharmacies in dispensing prescription medication. The allegation was that Walgreens had filled approximately 275 different prescriptions issued by 18 different physicians, and that CVS filled approximately 95 different prescriptions issued by 10 different physicians. Many of the prescriptions were narcotics.

Personal Liability For Insurance Adjusters?

Author: Michelle Ronan

September 29, 2017 1:22pm

Over the last several months, we have seen an influx of bad faith lawsuits naming claim adjusters as defendants. Can plaintiff get away with this? Should adjusters be concerned? This article will provide insight for any adjuster who finds themselves in this situation.

Are Taxpayers Entitled to Recover Expectation Damages Against a Negligent CPA?

Author: Jacob Felderman

June 16, 2016 5:13pm

Many taxpayers consult with their certified public accountant (CPA) before making significant financial transactions. Taxpayers consult with the expert so they can structure the transaction in a manner minimizing taxes.

IT’S ALIVE! A Corporate Defendant’s Life After Dissolution

Author: Daniel Fallon

June 5, 2015 5:56pm

In our legal system where corporate entities are deemed to be “persons,” it has become relevant and wise to ask: Is this corporation alive or dead? Your determination will greatly

Primary Assumption of Risk Arguments Still Kicking

Author: David Ramirez

February 4, 2015 4:55pm

The primary assumption of the risk doctrine has been used to provide immunity from suits for certain sporting and recreational activities, based on the public policy consideration that such activities are to be encouraged, rather than discouraged. The immunity from suit typically applies so long as the defendant did not do anything to increase the “inherent risk” of the activity.

Can California Auditors be Held Liable for Failing to Detect Fraud When Performing a Review?

Author: Jacob Felderman

January 8, 2015 4:46pm

Certified Public Accountants (CPAs) provide three standard levels of attest-type services for their clients. These three services vary in terms of levels of assurance. CPAs in California may be subject to liability for failure to detect fraud even when performing low level attest-type services.

California Supreme Court to Review What Constitutes the Performance of Professional Services for Application of the One-Year Statute of Limitations

Author: Mina Miserlis

October 30, 2014 11:10pm

The California Supreme Court recently granted an attorney’s petition for review of a recent Fourth District Court of Appeal case, Lee v. Hanley (2014) 227 Cal.App.4th 1295, regarding application of the one-year legal malpractice statute of limitations.

Strategic Considerations For Attorney Malpractice Statute of Limitations

Author: Jacob Felderman

October 30, 2014 11:08pm

When an attorney makes a mistake, the layman client will often be unaware until long after the mistake occurred. When the discovery of the mistake is significantly delayed, can the client still pursue their attorney for recovery? This is just one of the important considerations when evaluating statute of limitations defenses.

Alter Ego Cause of Action: The Discovery Equivalent of an “Open Season”?

Author: Patrick Mendes

May 9, 2014 11:30pm

Note that application of the alter ego doctrine is limited to the particular case and the particular purpose before the court.15 The ultimate question posed by an alter ego cause of action is whether it is inequitable to allow the corporate formalities to remain for purposes of the litigation.