Res Ipsa Applied in Professional Liability Case

A trial court confirms that res ipsa loquitur is only available in certain, limited circumstances with respect to professional liability. Though a medical malpractice case, I believe that Leigh v. Schwartz, and the decisions made prior thereto, have application to other professional negligence cases.

The Leigh case, dated March 7, 2016, was a post-trial memo by Judge Wilson. At issue, in part of the decision, was whether the expert could infer that the type of injury evidenced a deviation Continue reading

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The Business Judgment Rule Or The Reasonableness Standard: What To Do If A Court Must Examine Not Only The Process But The Decision

Eventually, lawsuits are an unavoidable fact of life for an association. The authors have defended associations in lawsuits that are filed by a member who is highly critical of the board’s decision. These suits allege that bad decisions were made in such matters as financial decisions to enforcing the association’s rules. Continue reading