Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Pepperdine Law Review
No abstract provided.
Brushing Off Lawsuits: Dental Peer Review Examined , Lisa C. Markarian
Brushing Off Lawsuits: Dental Peer Review Examined , Lisa C. Markarian
Pepperdine Dispute Resolution Law Journal
For all contractual and legal intents and purposes, a dentist is a provider of services, while the patient who consents to treatment is a consumer. A dentist's fees reflect, in part, the cost of malpractice insurance protection. Dentists can also calculate into their fees any refunds they may pay back to patients who suffer adverse results.8 An injured patient on the other hand has limited means of protection against damages resulting from the wrongful acts of dentists. The options open to patients include: (1) filing a complaint in civil court, (2) reporting the incident to a government agency such as …
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Akron Law Faculty Publications
As literary devices, a “story-within-a story” and a “play-within-a-play” have a long lineage. Shakespeare seems to have been particularly fond of these devices. The legal analog may be seen as the “case-within-a-case” (“trial-within-a-trial,” “suit-within-a-suit”) arising in legal malpractice cases. The case-within-a-case terminology seems to be the most commonly used and hence will be used herein. While it is clear that the “case” is the malpractice case, it is not so clear what the “case-within-” is, which is usually referred to as the “underlying case.” Often, it seems to be presumed that the underlying case is limited to litigation, which would …
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Samuel Oddi
As literary devices, a “story-within-a story” and a “play-within-a-play” have a long lineage. Shakespeare seems to have been particularly fond of these devices. The legal analog may be seen as the “case-within-a-case” (“trial-within-a-trial,” “suit-within-a-suit”) arising in legal malpractice cases. The case-within-a-case terminology seems to be the most commonly used and hence will be used herein. While it is clear that the “case” is the malpractice case, it is not so clear what the “case-within-” is, which is usually referred to as the “underlying case.” Often, it seems to be presumed that the underlying case is limited to litigation, which would …
Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis
Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis
Faculty Articles
The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of firm principals and employees, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Faculty Scholarship
No abstract provided.
The Law Of Medical Misadventure In Japan, Robert B. Leflar
The Law Of Medical Misadventure In Japan, Robert B. Leflar
Robert B Leflar
This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations’ medical law systems. The paper addresses criminal sanctions for Japanese physicians’ negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries. Among the paper’s findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …