Professional negligence

Law Reporter, Aug 1999

ATLA's Professional Negligence Law Reporter includes a broad range of professional liability cases. Here are examples of the kinds of cases appearing in each issue of PNLR

ADOPTION

Placement agency may be liable for failing to tell adoptive parents of child's prior sexual abuse

A New York appellate court held that an adoption placement agency that allegedly failed to inform adoptive parents of a child's history of sexual abuse may be liable for fraudulent misrepresentation and intentional concealment of an adoptive child's history of sexual abuse. Wendell D. Harp, New Paltz, N.Y., represented plaintiffs.

Jeffrey "BB" v. Cardinal McCloskey Sch. and Home for Children, _ N.Y.S.2d _, No. 82923, 1999 WL 294561 (App. Div. May 6, 1999).

CLERGY

Rabbis may be liable in tort for disclosing penitent's confidential communications

A New York appellate court held that rabbis may be liable in tort for breach of the fiduciary duty of confidentiality for disclosing confidential communications in violation of the state's clergy-penitent privilege. Abe H. Konstam, Madeleine Nisonoff, and Daniel B. Schwartz, all of New York, N.Y., represented plaintiff.

Lihtman v. Flaum, 687 N.Y.S.2d 562 (App. Div. 1999).

ERISA

Employer liable for inadequately responding to information on request

The Sixth Circuit Court of Appeals held a hospital liable for breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. (sec)1001 et seq., for its failure to (1 ) adequately respond to an information request from plaintiff's husband regarding the availability of long-term disability benefits and (2) inform an insurer that an insured had applied for disability benefits. *Christopher A. Hajek, Rochester Hills, Mich., represented plaintiff in this case.

Krohn v. Huron Mem'l Hosp., 173 F.3d 542 (6th Cir. 1999).

INSURANCE

Insurer must defend suit against churches that ordained minister who sexually abused woman

The Fifth Circuit Court of Appeals held that an insurer must defend a suit alleging negligent training and supervision against a church that ordained a minister who was indicted for sexually abusing a woman. Steven R Gilford, Timothy S. Bishop, and Adam Hollander, all of Chicago, Ill., represented the insureds.

Evangelical Lutheran Church in Am. v. Atlantic Mut. Ins. Co., 169 F.3d 947 (5th Cir. 1999).

LAW

Firm and attorneys not liable for legal negligence to client's father

A New Jersey appellate court held that a law firm and its attorneys were not liable for legal negligence to a client's father, who guaranteed payment of the client's legal fees.

DeAngelis tv. Rose, 727 A.2d 61 (N.J. Super. Ct. App. Div. 1999).

Voluntary asssignment of Massachusetts legal negligence claim was enforceable

The Supreme Judicial Court of Massachusetts held that an insurer's voluntary assignment of a legal negligence claim arising out of lead-paint-related litigation was enforceable. Jonathan Shapiro, Boston, Mass., represented the insurer.

New Hampshire Ins. Co. v. McCann, 707 N.E.2d 332 (Mass. 1999).

Attorney could be liable to client for negligence despite client's acceptance of settlement agreement

The Supreme Judicial Court of Massachusetts held that a divorce attorney may be liable to a client for legal negligence even where the client accepted the divorce settlement in open court. *George C. Deptula, Boston, Mass., represented plaintiff.

Meyer v. Wagner, 709 N.E.2d 784 (Mass. 1999).

Negligence claim accrues when cause of action would have survived motion to dismiss

The Supreme Court of Minnesota held that a legal negligence cause of action accrues not when a client discovers the claim, but at the point when it would have survived a motion to dismiss.

Herrmann v. McMenomy & Severson, 590 N.W.2d 641 (Minn. 1999).