United States: Professional Negligence

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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
Louisiana Appeals Court Holds Negligence Claim Against Title Agent Untimely
The Louisiana Fourth Circuit Court of Appeals affirmed dismissal of negligence claims against a title agent, ruling that the buyer's March 2015 title insurance claim triggered a one-year filing deadline that expired before the September 2016 lawsuit. This decision clarifies when the clock starts ticking on professional liability claims against title agents and whether non-final liability rulings prevent defendants from raising timeliness defenses.
United States Litigation
RD
Riker Danzig LLP
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
Defend Now, Allocate Later? An Unresolved Tension In Colorado Construction Law
Colorado law has long distinguished between the duty to defend and the duty to indemnify in litigation, but the state's construction anti-indemnity statute creates an unresolved tension with this traditional framework. When construction agreements are governed by statutory limits on risk transfer tied to proportional fault, how does a present duty to defend operate before that fault has been determined? This intersection of established legal principles awaits definitive appellate guidance.
United States Litigation
Higgins, Hopkins, McLain & Roswell, LLC
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
Walkup Launches Trial Skills Lab: Practical Training For Plaintiff Trial Lawyers
The Walkup Trial Skills Lab offers free continuing legal education activities for experienced plaintiff-side attorneys practicing in California. Sessions are led by senior partners and veteran trial lawyers at Walkup, Melodia, Kelly & Schoenberger, drawing on decades of courtroom experience in catastrophic injury, wrongful death, and medical negligence litigation. Each one-hour program is designed to qualify for 1.0 hour of California General MCLE credit upon completion.
United States Litigation
WL
Walkup, Melodia, Kelly & Schoenberger
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
Sanctions For Misuse Of AI In Court Submissions Increasing Sharply: Another Cautionary Tale
An Illinois circuit court recently imposed $60,000 in sanctions on a law firm and attorney for submitting AI-generated fabricated case citations in court filings, marking a significant escalation in judicial penalties for artificial intelligence misuse. The case reveals how multiple instances of AI hallucinations across several filings, combined with inadequate disclosure and failure to take responsibility, led to one of the largest sanctions to date for AI-related misconduct in legal practice.
United States Technology
K
Klemchuk
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