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.

Real Estate Legal Hotline: April Showers Bring… Tree Questions?

As spring arrives and April showers coax new growth from every branch and bud, real estate agents often find themselves fielding questions from clients about a perennial concern: trees.

United States Real Estate

SR

Shulman Rogers

SEC Charges Investment Adviser For Alleged Conflicts Disclosure Failures

On March 23, 2026, the US Securities and Exchange Commission (SEC) announced settled charges against an SEC-registered investment adviser (the Firm) for failing to fully and fairly disclose...

United States Litigation

SR

McDermott Will & Schulte

Reducing Your Exposure: Liability Limitations For Cybersecurity-Compliant Organizations

Organizations facing cyber incidents increasingly encounter follow-on civil litigation alleging failures to implement reasonable security measures.

United States Technology

CM

Crowell & Moring LLP

The 'Aggrievement' Requirement

This article explains that only "aggrieved" parties—those harmed or denied relief—can appeal court decisions under CPLR 5511. Courts can assess aggrievement on their own...

United States Litigation

DM

Duane Morris LLP

Mitigation Of Damages In Construction Defect Claims: Applying Florida's Avoidable Consequences Doctrine

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Last Month At The Supreme Court | March 2026

United States Litigation

D

Dykema

Liskow Secures Summary Judgment Win Affirming Statutory Employer Status

United States Litigation

LL

Liskow & Lewis

Excess Forecast: Recent Premises Liability Trends And Why Early Engagement Matters In Retail And Hospitality Litigation

United States Litigation

FB

FBT Gibbons

Structure Over Labels: Supreme Court Rejects NJ Transit's Sovereign Immunity Claim

United States Litigation

GB

Genova Burns

California's Social Media Litigation Poses Potential To Reshape The Legal Landscape

United States Media & IT

B

Benesch Friedlander Coplan & Aronoff LLP

Texas Business Court's Primexx Decision And Contracted-Down Duties

United States Commercial

BS

Butler Snow LLP

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

United States Litigation

K

Klemchuk

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

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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

United States Litigation

HK

Holland & Knight

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

Simpson Thacher Sustainability And ESG: Regulatory Update – March 2026

United States Commercial

ST

Simpson Thacher & Bartlett

Signed, Sealed, But Not Delivered? Don't Wonder About Taxes Under New Postal Service Rules

United States Tax

N

Nossaman LLP

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

As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable.

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

The U.S. Supreme Court recently heard oral arguments in Trump v. Cook, involving the issue of whether the President may remove Lisa Cook as a member of the Board of Governors of the Federal Reserve Board.

United States Litigation

BS

Ballard Spahr LLP

Trial Evidence—Not Summary Judgment Papers—Control On Appeal

Navigating the transition from Trial Evidence vs Summary Judgment is critical for success in Commercial Litigation Chicago. This post explores how summary judgment motions Illinois...

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

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

United States Real Estate

Wa

Ward and Smith, P.A.

When Shareholder Disputes Lead To Legal Malpractice Claims

United States Commercial

PL

Patterson Law Firm

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

United States Litigation

JD

Jones Day

State Farm Fire And Casualty Company v. Curtis Diblin

In State Farm Fire and Cas. Co. v. Diblin, 114 Cal.App.5th 1245 ( October 7, 2025), the Fourth District Court of Appeal affirmed the trial court's entry of judgment finding that indemnity coverage was not afforded...

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith 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

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

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

On Oct. 21, 2025, in SanMiguel v. Grimaldi, the New York Court of Appeals reaffirmed a well settled rule of tort law that limits recovery of purely emotional damages in prenatal injury cases.

United States Healthcare

GT

Greenberg Traurig, LLP

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

For reasons unknown, your employee has attacked a customer with a weapon, causing grievous bodily injury.

United States Litigation

BT

Barnes & Thornburg 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

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

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

United States Litigation

AO

A&O Shearman

Every Victory Is A New Beginning: U.S. Supreme Court Agrees To Consider Freight Broker Liability

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Recent Mass. Chapter 93A Case Highlights Key Distinctions Between Sections 9 And 11

United States Litigation

GT

Greenberg Traurig, LLP

In California, Late Payment Of Arbitration Fees May Be Excusable

United States Litigation

MP

Manatt, Phelps & Phillips LLP

11640 Woodbridge Condominium Homeowners Assn. v. Farmers Insurance Exchange

United States Insurance

LB

Lewis Brisbois Bisgaard & Smith LLP

Disney Hit With Class Action Lawsuits Immediately Following FTC Settlement

United States Privacy

BS

Ballard Spahr LLP

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

United States Employment

FL

Foley & Lardner

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

United States Transport

LB

Lewis Brisbois Bisgaard & Smith LLP

To Admit Negligence Or Not To Admit Negligence

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

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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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