Worldwide: Professional Negligence

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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
Article
Professional Liability: Consent-to-Settle Clauses And The Risk Of Settling Without All Insureds’ Consent
A U.S. court has ruled that a professional liability insurer breached its policy by settling a claim against one insured without obtaining consent from all other insureds named under the same policy. The decision hinged on the interpretation of an ambiguous consent-to-settle clause, which the court construed against the insurer under the contra proferentem principle, leaving insurers with important lessons about drafting multi-insured policies.
United States Insurance
AA
Adams & Adams
Article
Pennsylvania Superior Court Narrowly Interprets 'Non-Negligent Failure' Exception For Untimely Appeals
The Pennsylvania Superior Court has issued a critical ruling that significantly narrows the circumstances under which attorneys can obtain relief for missing appellate filing deadlines. This decision underscores the extremely high bar for securing nunc pro tunc appeals and highlights the limited exceptions available when procedural deadlines are missed.
United States Litigation
DM
Duane Morris LLP
Article
“The Superintendent Told Us To Do It:” Why Verbal Approval May Not Be Enough
Construction projects often involve verbal directives that deviate from plans and specifications, creating significant liability risks for subcontractors when defects emerge years later. Without written documentation of field instructions and approvals, subcontractors may find themselves defending claims for work they performed exactly as directed, facing disputes where memory and credibility become the only evidence.
United States Real Estate
Higgins, Hopkins, McLain & Roswell, LLC
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