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Texas Supreme Court Clarifies “Tolling Rule” for Statute of Limitations in Legal Malpractice Cases
On April 22, 2022, the Texas Supreme Court issued an opinion that clarifies the “tolling rule” for the statute of limitations in legal malpractice cases. In Zive v. Sandberg, the issue presented was whether the longstanding Hughes tolling rule applies when the appeal of the underlying lawsuit was not brought directly by the legal malpractice […] More
Badgerow – Narrowing the Courthouse Door
On March 31, 2022, in an 8-1 decision, the United States Supreme Court in Badgerow v. Walters, __ S. Ct. __, 2022 WL 959675 (March 31, 2022) sharply curtailed litigants’ ability to confirm or vacate an arbitration award in Federal Court. The Supreme Court held that the “look through” provisions in Section 4 of the […] More
Regulators’ $200 Million Fine Against JPMorgan Signals Aggressive Campaign to Enforce Electronic Communication Policies and Procedures
On December 17, 2021, the Securities and Exchange Commission issued an Order against J.P. Morgan Securities LLC, fining it $125 million for the unapproved use of WhatsApp, text message and personal email communications by JPMorgan employees. See SEC Order Instituting Administrative and Cease-and-Desist Proceedings, Pursuant to Sections 15(b) and 21C of the Securities Exchange Act […] More
Comprehensive Insurance Disclosure Act Greatly Expands Defendants’ Obligations for Disclosure of Insurance Information under the CPLR
On December 31, 2021, New York Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act (the “Act”) into law. The Act modifies CPLR § 3101(f) and requires that insurance disclosures now be accompanied a sworn certification from both the defendant and defendant’s counsel under new CPLR section 3122-b. Previously, CPLR § 3101(f) provided that a […] More
Pennsylvania Clarifies Unconscionable Arbitration Agreement
In a recent decision from the Superior Court of Pennsylvania, the intermediate appellate court provided additional guidance in regards to whether an arbitration agreement may be considered unconscionable and therefore unenforceable. In Lomax v Care One, LLC et. al. No. 344 WDA 2020 (March 5, 2021), Plaintiff filed a wrongful death and survival action against […] More
Philadelphia County Court of Common Pleas Resumes Civil Jury Trials
On March 17, 2020, the Philadelphia County Court of Common Pleas suspended all civil jury trials for the health and safety of the judges, staff, counsel, litigants, and the public. Almost a full year later, on March 2, 2021, the Court published a fourteen (14) page protocol (the “Protocol”) for the conduct of jury trials […] More
