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The Supreme Court reversed the judgment of the district court granting summary judgment in favor of Defendant on grounds that Plaintiff's malpractice action was barred by the statute of limitations, holding that Plaintiff's claim was timely filed. In his complaint, Plaintiff alleged that he was convicted of two felonies due to the malpractice of Defendant, his trial counsel. After Plaintiff hired new counsel he secured a new deal that replaced his two felony convictions and three misdemeanor convictions. At issue in this case was when Plaintiff's cause of action accrued. The district court concluded that Plaintiff's malpractice action was untimely filed. The Supreme Court affirmed, holding that Plaintiff's malpractice claim accrued at the conclusion of his criminal case when he pled guilty to three misdemeanors, and not at the time the jury first returned its guilty verdict, and therefore, Plaintiff's malpractice action was filed within the statute of limitations. View "Thomas v. Hillyard" on Justia Law

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The Supreme Court affirmed the order of the district court granting summary judgment in favor of Respondents, a real estate appraisal company and a professional real estate appraiser, as to Appellants' allegations that Respondents' negligence prevented them from refinancing their home loan, holding that Appellants' claims lacked evidentiary support and were based on little more than conclusory allegations and accusations. After purchasing a home, Appellants brought this action against Respondents asserting claims for professional negligence, negligent misrepresentation, breach of the statutory duty to disclose a material fact, and breach of contract as third-party beneficiaries. Specifically, Appellants alleged that Respondents negligently relied on inaccurate information in calculating the home's size and market value, which resulted in a misleading appraisal report and inflated purchase price. The district court granted summary judgment for Respondents. The Supreme Court affirmed and took the opportunity of this case to emphasize the important role of summary judgment in promoting sound judicial economy. View "Boesiger v. Desert Appraisals, LLC" on Justia Law

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The Louisiana Physical Therapy Board (“Board”) was established under the provisions of La. R.S. 37:2403, requiring that the Board shall consist of seven members appointed by the governor and further provided at least one member shall be a licensed physician. The underlying litigation arose when the Board filed an administrative complaint against physical therapist Kevin Bias after he was arrested for an alleged aggravated assault while driving. The matter proceeded to a hearing. At the hearing, the Board was composed of five members. The acting chairperson introduced the board members and asked for objections to the makeup of the panel. Counsel for Bias responded there were none. At the conclusion of the hearing, the Board suspended Bias’s physical therapy license with conditions for reinstatement. Bias appealed the Board’s decision to the district court, and when unsuccessful there, appealed to the court of appeals. The issue presented for the Louisiana Supreme Court's review centered on whether the Board had authority to conduct disciplinary proceedings when there was a vacancy in its statutorily-mandated composition. The Supreme Court found the court of appeal erred in finding the board’s actions were invalid because it was not lawfully constituted at the time of its actions in this case. View "Bias v. Louisiana Physical Therapy Board" on Justia Law

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Plaintiff Ron L. Beaulieu & Company appealed a superior court order affirming the New Hampshire Board of Accountancy. The Board suspended plaintiff’s license to do business in New Hampshire for three years and imposed a $5,000 fine after concluding plaintiff committed professional misconduct by failing to retain work papers and records for five years and by failing to properly conduct auditing services for Tri-County Community Action Program (TCCAP) from 2008-2011. Finding no reversible error in the superior court’s judgment, the New Hampshire Supreme Court affirmed. View "Ron L. Beaulieu & Company v. New Hampshire Board of Accountancy" on Justia Law

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Appellant Stephan Palmer, Sr. appealed the grant of summary judgment in favor of appellee, Attorney Mark Furlan. While incarcerated, appellant filed a petition for postconviction relief (PCR). Attorney Furlan, an ad hoc public defender, was assigned to represent appellant in the PCR proceedings. The petition was litigated until the parties agreed to settle, arriving at a proposed stipulation to modify appellant’s sentence. December 23, 2015 the PCR court granted the parties’ stipulation motion. The entry order was immediately emailed to the criminal division; the criminal division issued an amended mittimus to the Commissioner of Corrections the same day; and the following day, the Department of Corrections received the amended mittimus and recalculated appellant’s sentence in accord with the PCR court’s order amending the sentence. Appellant was released from incarceration on December 24. Appellant then filed a civil action against Attorney Furlan, alleging legal malpractice. Not knowing that immediate release was at stake, the PCR court took more time than it would have otherwise in scheduling a hearing and approving the stipulation. Appellant characterized the length of incarceration between when he posited he would have been released if Attorney Furlan had more aggressively attempted to get the PCR court to act in an expedited manner and when he was actually released as wrongful and the basis for his damages. In affirming summary judgment, the Vermont Supreme Court concluded "The proof provided here, or rather the lack thereof, leaves all reasonable minds to speculate as to whether or not the PCR court would have: not scheduled a hearing on the motion; scheduled a hearing on the motion sooner than it did; issued an order on the motion in a shorter period of time after the hearing; come to the same conclusions and granted the stipulation motion; or behaved in any of the seemingly endless alternative manners a reasonable person could posit. Appellant’s argument simply leaves too much to speculation, which is something this Court and trial courts will not do when examining a motion for summary judgment." View "Palmer v. Furlan" on Justia Law

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Plaintiffs-appellants Glenn Moss, Jeri Moss, and Moss Bros. Auto Group, Inc. (collectively, Moss) filed a complaint against defendants-respondents Dale Duncan, CPA, and Rogers, Clem & Company, an accountancy organization (collectively, Duncan), alleging professional negligence and unfair business practices. The trial court ruled that these claims were barred by the statute of limitations, resulting in a judgment in favor of defendants. The Moss plaintiffs appealed. The Court of Appeal agreed with Moss that the applicable statute of limitations did not begin to run until Moss settled the tax deficiency claim with the Franchise Tax Board (FTB). The complaint was therefore timely. The trial court was reversed and the matter remanded for further proceedings. View "Moss v. Duncan" on Justia Law

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Robin Ayling appealed a judgment dismissing her claims against Mary Ann Sens, M.D., UND School of Medicine employees, and the Grand Forks County State’s Attorney and Board of Commissioners relating to her son’s death. Ayling’s son, Blake, was a student at UND. He was last seen alive at an on-campus party at approximately 1:30 a.m. on March 24, 2012. He was found dead in the rail yard south of UND’s campus at approximately 6:30 a.m. to 7:00 a.m. on March 24, 2012. Dr. Sens performed the autopsy on the same day. She determined Blake was intoxicated, he had a 0.278 blood-alcohol concentration at the time of death, he died from blood loss, and his death was accidental. After learning of the autopsy results, Ayling questioned the blood-alcohol concentration because Blake reportedly did not show signs of intoxication at the party or before the party. Ayling met with Dr. Sens in April 2013, and Sens explained the autopsy report and defended her conclusions. On December 27, 2013, Ayling spoke with a forensic toxicologist who questioned Dr. Sens’ methods in performing the autopsy. The toxicologist believed Blake's urine and vitreous humor should have been tested for alcohol to corroborate the blood test. Ayling sued Dr. Sens, UND School of Medicine employees, and Grand Forks County employees in February 2017, alleging Sens failed to competently perform a medical autopsy as a part of the investigation of Blake's death. Ayling alleged the other Defendants failed to properly supervise Dr. Sens. The district court concluded Ayling’s claims against the Defendants were untimely. After reviewing the record, the North Dakota Supreme Court agreed with the district court that Ayling’s voluminous discovery requests did not relate to the statute of limitations issue and would not have created an issue of material fact supporting denial of the summary judgment motion. The court’s discovery decisions were not an abuse of discretion. View "Ayling v. Sens, et al." on Justia Law

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T.L. consulted Dr. Jack Goldberg for a blood condition. In October 2010, Dr. Goldberg told T.L. about a new medication, Pegasys. After taking Pegasys, T.L. experienced a number of symptoms, but Dr. Goldberg advised that T.L. should continue taking Pegasys. T.L. began experiencing severe pain in her neck and both arms, requiring hospitalization and rehabilitation. T.L. was diagnosed with inflammation of the spinal cord and experienced partial paralysis on her right side. T.L. brought suit against Dr. Goldberg and his employer, Penn Medicine Cherry Hill. T.L. claimed that Dr. Goldberg deviated from accepted standards of care by prescribing Pegasys to her because she was diagnosed with, and took medication for, chronic depression. During Dr. Goldberg’s deposition, when asked whether he was aware of any studies in the Journal of Clinical Oncology pertaining to the use of Pegasys to treat patients with T.L.’s condition, Dr. Goldberg answered “no.” On T.L.’s motion, the court barred Dr. Goldberg from using any medical literature at trial that was not produced during the course of discovery. At trial, Dr. Goldberg testified that he prescribed Pegasys to T.L. because he relied upon a clinical trial, published in the Journal of Clinical Oncology in 2009, that included patients with a history of depression. T.L.’s counsel did not object. The jury found that Dr. Goldberg did not deviate from the applicable standard of care. T.L. was granted a new trial on grounds that Dr. Goldberg’s discussion of the 2009 publication constituted reversible error. Dr. Goldberg appealed as of right based on a dissenting justice in the Appellate Division's reversal of the trial court. The New Jersey Supreme Court reversed, finding there was no demonstration that the changed testimony caused prejudice to T.L., and the plain error standard did not compel reversal, "especially because counsel’s failure to object was likely strategic." Under the circumstances, T.L. was not entitled to a new trial. View "T.L. v. Goldberg" on Justia Law

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In December 2007, the decedent had gastric bypass surgery and developed a bed sore that became infected. The Hospital discharged him four days after the procedure. In January 2008, the decedent died from complications associated with a bacterial infection. Ward's initial nine-count complaint was dismissed for failure to comply with the Code of Civil Procedure. First and second amended complaints were also dismissed. The Hospital filed its answer to a third amended complaint. Four years later, in December 2015, the judge issued a pretrial conference order. A jury trial was set for January 2016. On December 31, 2015, the Hospital moved to bar Ward’s disclosure of a rebuttal witness the day before, 20 days before the start of the trial, noting that the case had been pending for six years. Ward unsuccessfully sought leave to file a fourth amended complaint, alleging a survival claim against the Hospital under a theory of respondeat superior and a wrongful death claim against the Hospital under a theory of respondeat superior. Ward successfully moved to voluntarily dismiss the action without prejudice. In May 2016, Ward initiated another lawsuit against the Hospital, nearly identical to the proposed fourth amended complaint. The Illinois Supreme Court ruled in favor of Ward, overturning summary judgment in favor of the Hospital. None of the orders dismissing counts of the various complaints in the initial action were final. The lack of finality renders the doctrine of res judicata inapplicable. View "Ward v. Decatur Memorial Hospital" on Justia Law

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In a medical negligence case, the Pennsylvania Supreme Court considered the admissibility of evidence regarding the risks and complications of a surgical procedure in a medical negligence case. Consistent with the Court's recent decision in Brady v. Urbas, 111 A.3d 1155 (Pa. 2015), the Court found that evidence of the risks and complications of a surgery may be admissible at trial. View "Mitchell. v. Shikora" on Justia Law