Justia Professional Malpractice & Ethics Opinion Summaries

In 2009 the Centers for Medicare and Medicaid Services (CMS) suspected that Dr. Melgen, a Florida-based ophthalmologist​, had overbilled Medicare for $8.9 million by engaging in “multi-dosing.” Before CMS began formal proceedings, U.S. Senator Menendez (New Jersey) began to advocate on behalf of the doctor. In 2015, a 22-count indictment charged that Menendez solicited and accepted numerous gifts from Melgen; used the power of his office to influence the CMS enforcement action and to encourage the State Department and U.S. Customs to intervene on Melgen’s behalf in a multimillion dollar contract dispute with the Dominican Republic. The Third Circuit affirmed denial of motions to dismiss the Indictment, finding that the senator is not protected from prosecution under the Speech or Debate Clause, U.S. Const. art. I, section 6, cl. 1, which states that Members of Congress “shall not be questioned in any other Place” for “any Speech or Debate in either House.” The charged actions were not protected "legislative acts." The court rejected a separation of powers challenge to the Ethics in Government Act, 5 U.S.C. app. 4, 101-11; 18 U.S.C. 1001, and noted the Supreme Court’s statement “that Members [of Congress] are not to be ‘super-citizens’ immune from criminal liability or process.” View "United States v. Menendez" on Justia Law

Dr. Stephanie Taylor appealed Vermont Medical Practice Board decision denying her request to vacate the provisions of a 2005 consent order in which she agreed to a “final and irrevocable” surrender of her medical license. Dr. Taylor contended the Board erroneously: (1) failed to determine whether there were “less restrictive means available to regulate [her] conduct”; (2) violated her right to due process by “shift[ing] the burden onto [her] . . . to guess at the Board’s requirements for reinstatement;” (3) relied on the specification of charges that led to the earlier consent order; and (4) considered a Massachusetts decision revoking her medical license in that state. Finding no reversible error, the Vermont Supreme Court affirmed. View "In re Stephanie H. Taylor, M.D." on Justia Law

After his medical license was revoked, petitioner sought a writ of administrative mandamus to set aside the Board's decision. The trial court denied the writ. Petitioner does not dispute the ALJ's findings that he committed numerous acts of dishonesty in 2007 with respect to his employment status and disability insurance benefits. The court concluded that the revocation of petitioner's license to practice medicine was excessive and an abuse of discretion where the revocation was unnecessary to protect the public and contrary to the goal of making him "a better physician." The court's conclusion is supported by the ALJ's statements during the hearing and in his written findings that indicate the discipline was imposed for the improper purpose of punishing petitioner. Accordingly, the court granted the petition. View "Pirouzian v. Super. Ct." on Justia Law

Petitioner seeks review of an order of Respondent Court requiring compliance with an investigational administrative subpoena of the Department of Consumer Affairs, acting on behalf of the Medical Board of California (the Board), seeking a patient’s records. The court issued a stay and an order requiring Respondent Court to show cause why it should not be ordered to vacate and reverse its order compelling compliance with the Board’s subpoena. The court granted the petition and held that the Board has failed to establish any exception to the patient’s invocation of the phychotherapist-patient privilege provided by Evidence Code section 1014, which precludes the subpoena’s enforcement. View "Gerner v. Super. Ct." on Justia Law

Juakeishia Pruitt filed a legal-malpractice claim against Bobby Cockrell, Jr., and Cockrell & Cockrell ("the Cockrell law firm"). Cockrell appealed the grant of summary judgment in favor of Pruitt. The claims in this case arose from Byron House's representation of Pruitt from late 2000 until January 2012. House worked as an associate with the Cockrell law firm from September 1995 until January 2012. This case involved House's handling of Pruitt's claims with regard to four separate causes of action: Pruitt's discrimination and breach-of-contract claims against Stillman College; Pruitt's sexual-discrimination claims against her employer Averitt/i3; Pruitt's claims against Gwendolyn Oyler arising from an automobile accident; and Pruitt's breach-of-contract claims against A+ Photography. After the statute of limitations had run on Pruitt's underlying claims against Stillman College, Averitt/i3, and Oyler, House made intentional misrepresentations to Pruitt regarding the status of those cases. House also made intentional representations regarding the status of Pruitt's case against A+ Photography. Additionally, House continued to make such representations regarding the status of Pruitt's cases against Stillman College and Averitt/i3 until well after the time any legal-malpractice case against him would have been barred by the applicable statute of repose. "A fraud committed by an attorney that defrauds the attorney's client as to the status of the client's underlying claim is actionable under the ALSLA separate and apart from the attorney's failure to timely file a complaint on the underlying claim." Therefore, Alabama Supreme Court concluded the trial court properly denied the Cockrell defendants' motion for a summary judgment as to the malpractice claims alleging that the Cockrell defendants were vicariously liable for fraudulent misrepresentations House made to Pruitt to conceal the existence of an underlying legal-malpractice claim. Accordingly, the Court affirmed the trial court's order. View "Cockrell v. Pruitt" on Justia Law

The Judiciary Commission of Louisiana (“Commission”) brought a formal charge against Judge J. Robin Free of the 18th Judicial District Court for the Parishes of Iberville, Pointe Coupee and West Baton Rouge. The charge alleged Judge Free violated the Code of Judicial Conduct and the Louisiana Constitution, Article V, sec. 25(C), in that he interrupted a private meeting between the family members of the victims and members of the District Attorney’s Office, following a hearing in a criminal case before him, and made an inappropriate comment; abused his contempt authority and failed to follow the proper procedures for the punishment of contempt in two cases; and made inappropriate comments in seven criminal cases and exhibited a lack of proper decorum, demeanor, and temperament. After reviewing the recommendation of the Commission and the record, the Louisiana Supreme Court accepted the recommendation of the Commission that Judge Free be suspended without pay for one year and ordered to reimburse the Commission for the costs associated with these proceedings. View "In re Judge J. Robin Free, Eighteenth Judicial Dist. Ct., Parishes of West Baton Rouge, Iberville & Pointe Coupee" on Justia Law

The Judiciary Commission of Louisiana recommended that James J. Best, a judge for the Eighteenth Judicial District, Parishes of Iberville, Pointe Coupee, and West Baton Rouge, be disciplined. The Commission alleged Judge Best committed misconduct and should be suspended for thirty days and ordered to reimburse the costs incurred in the Commission’s investigation and prosecution of this case. Judge Best did not contest the recommendation and, along with the Commission, filed a joint motion urging the Supreme Court to accept and implement the recommendation as a consent discipline. The Supreme Court rejected the joint motion and docketed the case for a full evaluation of the record. After a thorough review of the facts and law in this matter, the Supreme Court found that a fifteen-day suspension, without pay, and reimbursement of costs to be an appropriate sanction. View "In re: Judge James Best, Eighteenth Jud. Dist. Court of Iberville, Pointe Coupee & West Baton Rouge Parishes" on Justia Law

The Judiciary Commission of Louisiana recommended that respondent, Justice of the Peace J. Roosevelt Gremillion, District Seven, Parish of Pointe Coupee, be removed from office and ordered to reimburse to the Judiciary Commission and the Office of Special Counsel the costs incurred in the investigation and prosecution of this case. After conducting an investigation, the Commission filed a formal charge against Justice of the Peace Gremillion alleging that he violated Canons 1, 2A, 2B, 3A(1), 3A(4), and 3A(7) of the Code of Judicial Conduct and engaged in willful misconduct relating to his official duty and persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Specifically, the charge alleged that Justice of the Peace Gremillion rendered a judgment without giving the defendants a meaningful opportunity to be heard, without requiring the plaintiff to present any evidence or sworn testimony, and without giving the defendants written notice of the judgment against them; displayed bias or prejudice throughout the proceedings in favor of the creditor and/or against the defendants’ efforts to defend the claim against them; notarized power of attorney forms when the purported affiants did not appear before him, swear out an oath, or sign the forms in his presence; and used a notary stamp that gave the incorrect impression he was an attorney. After a thorough review of the facts and law in this matter, including the stipulations of material facts and conclusions of law entered into by the respondent and the Office of Special Counsel, the Louisiana Supreme Court found clear and convincing evidence sufficient to support the charge. The Court agreed with the Judiciary Commission's recommendation of discipline that Justice of the Peace Gremillion be removed from office and ordered to reimburse and pay to the Commission the amount of $1,547.43. View "In re: Justice of the Peace J. Roosevelt Gremillion, Dist. Seven, Parish of Pointe Coupee" on Justia Law

When Plaintiffs were sued, they hired Attorneys to represent them. During trial, the trial judge erred, and the error required a costly appeal to correct. Plaintiffs later sued Attorney for legal malpractice claiming that the court’s error would have been immaterial and a favorable judgment would have been rendered if Attorneys had presented additional evidence and arguments. The trial court granted summary judgment in favor of the Attorneys, concluding that the trial court’s error was the sole cause of Plaintiffs’ injury because the Attorneys pursued a winning strategy and did not contribute to the judicial error. The court of appeals reversed without addressing whether judicial error can constitute a superseding cause that negates proximate cause. The Supreme Court reversed, holding that, as a matter of law, any unrelated negligence by the trial attorneys was too attenuated from the remedial appellate attorney fees to be a proximate cause of those expenses. View "Stanfield v. Neubaum" on Justia Law

In this appeal, the issue this case presented for the Supreme Court's review centered on whether a law firm practicing as a limited liability partnership (LLP) failed to maintain professional malpractice insurance to cover claims against it, and, if so, whether that failure should cause the revocation of the firm's LLP status, rendering innocent partners personally liable. In July 2009, Mortgage Grader hired Olivo of Ward & Olivo (W&O) to pursue claims of patent infringement against other entities. Mortgage Grader entered into settlement agreements in those matters. In exchange for one-time settlement payments, Mortgage Grader granted those defendant-entities licenses under the patents, including perpetual rights to any patents Mortgage Grader received or obtained through assignment, regardless of their relationship to the patents at issue in the litigation. It is those provisions of the settlement agreement that allegedly gave rise to legal malpractice. In 2011, W&O dissolved and entered into its windup period. W&O continued to exist as a partnership for the sole purpose of collecting outstanding legal fees and paying taxes. The next day, Ward formed a new LLP and began to practice with a new partner. Mortgage Grader filed a complaint against W&O, Olivo, and Ward in October 2012, alleging legal malpractice by Olivo, and claiming that the settlement agreements resulting from Olivo's representation harmed Mortgage Grader's patent rights. The motion court denied Ward's motion to dismiss, first determining that Mortgage Grader had failed to comply with the statutory requirement to serve an affidavit of merit (AOM) on each defendant named in the complaint, and rejected its substantial compliance argument. However, the court also determined that W&O failed to maintain the requisite insurance, which caused its liability shield to lapse and relegated W&O to a GP. Thus, the motion court concluded that Ward could be held vicariously liable for Olivo's alleged legal malpractice. The Appellate Division reversed. The Supreme Court affirmed, finding that law firms organized as LLPs that malpractice insurance did not extend to the firm's windup period, and tail insurance coverage was not required. View "Mortgage Grader, Inc. v. Ward & Olivo, L.L.P." on Justia Law