Worldwide: Professional Negligence

Subscribe
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
Liability Insurer Has No Duty To Defend Or Indemnify Where Property Damage Results From Insured’s Deliberate Placement Of Demolition Debris: The Requirement Of An “Accident” For Coverage
A U.S. District Court examined whether a commercial general liability insurer must defend and indemnify a trucking contractor after a municipality sought to recover costs for remediating unlawfully deposited demolition debris. The court analyzed whether the property damage constituted an "occurrence" under the policy's definition of an accident, considering the insured's intentional placement of the debris and applicable policy exclusions.
United States Insurance
AA
Adams & Adams
Article
Texas Business Court Clarifies Derived Judicial Immunity For Court-Appointed Receivers
A Texas Business Court examines the boundaries of derived judicial immunity for court-appointed receivers and the entities they create, addressing whether immunity survives appellate reversal and extends beyond the receiver personally. The decision clarifies when post-closing litigation against receivers may be barred and what parties must plead to overcome immunity defenses.
United States Litigation
GT
Greenberg Traurig, LLP
Article
Pennsylvania Superior Court Affirms Overturned $19 Million Corporate Negligence Jury Verdict Against Nursing Home Management Entities
The Pennsylvania Superior Court has refined corporate negligence liability rules for nursing home management entities, establishing that only licensed healthcare providers with direct patient contracts can face direct corporate negligence claims. This landmark decision clarifies the boundaries of liability when operational duties are delegated to management companies, potentially reshaping how nursing home litigation proceeds in Pennsylvania.
United States Healthcare
BI
Buchanan Ingersoll & Rooney PC
Article
Pennsylvania Supreme Court To Review Issues Regarding Vicarious Liability And Increased Risk Of Harm In Upcoming Appeal
The Pennsylvania Supreme Court will review a landmark medical malpractice case involving a $207 million judgment, examining whether hospitals can be held vicariously liable without explicit jury findings against named agents. The court will also resolve a critical split among appellate panels regarding whether liability can be established through increased risk of harm rather than direct factual causation.
United States Litigation
DM
Duane Morris LLP
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
Article
CVA/HTA Practice Newsletter - July 2026
This newsletter from Lewis Brisbois' Child Victims Act/Human Trafficking & Assault Practice Group examines critical legal developments in child sexual abuse and human trafficking litigation, including new 50-state surveys on civil restitution and statutes of limitations, significant appellate decisions reshaping notice standards and consent definitions, and contrasting jury verdicts that highlight the evidentiary challenges in decades-old abuse cases. The analysis provides practical insights into how courts
United States Litigation
LB
Lewis Brisbois Bisgaard & Smith LLP
Article
More Than A Fine – U.S. Attorney’s Career Cut Short Due To AI Misuse
A federal magistrate judge publicly reprimanded a former U.S. Attorney for submitting court briefs containing AI-generated hallucinations and false case citations, resulting in the attorney's termination and national professional disgrace. The case underscores the severe consequences attorneys face when failing to verify AI-generated content before filing, with similar incidents emerging across federal courts nationwide.
United States Technology
K
Klemchuk
Article
Another Day, Another AI Hallucination Case
A California Court of Appeal affirmed sanctions against attorneys who filed a brief containing fabricated citations, false quotations, and misrepresented legal authority generated by artificial intelligence. The trial court imposed $5,000 in sanctions to the opposing party and $1,000 to the court under California Code of Civil Procedure section 128.7, finding the attorneys' procedural and substantive challenges to be without merit.
United States Litigation
PR
Proskauer Rose LLP
Article
Sixth Circuit Affirms No Coverage For Legal Malpractice Claim Under Two Professional Liability Policies
A federal appeals court examined whether a law firm's professional liability insurance provided coverage when notice of potential malpractice was given during an extended reporting period, but the actual claim wasn't filed until after that period expired. The case also addressed whether a subsequent policy with a retroactive date exclusion could provide coverage for the underlying wrongful act.
United States Insurance
WR
Wiley Rein
See more

Latest Videos

See more