Hinshaw attorneys contribute to IICLE handbook on legal liability

"Municipal liability under Monell v. Department of Social Services, 436 U.S. 658 (1978), is a critical doctrine in civil rights litigation, particularly under 42 U.S.C. § 1983. Defense attorneys representing local governments must understand the nuances of Monell to effectively manage risk and defend against potentially costly claims." - Rosa Tumialan and Alexander Landy What are Monell claims, and why do they matter? Find out here: bit.ly/4q0zV44 Rosa M. Tumialán is a partner and Co-Chair of Tressler’s Insurance Services Practice Group, Chair of the Appellate Practice Group and a member of the firm’s national Diversity, Equity and Inclusion Committee. Rosa focuses her practice on insurance coverage and litigation. She is an accomplished defense attorney with more than twenty years of experience. Alexander (Xander) M. Landy is an associate attorney and member of Tressler’s Litigation Practice Group in Chicago. Xander focuses his practice on a wide range of complex civil litigation matters and has a depth of experience in the areas of general liability, including product defense and premise liability defense. #LawBlog #MonellClaims #Litigation #Attorney

Attorney Malpractice Insurance News A law firm was sued by a creditor who had a judgment against one of the law firm’s clients. The creditor alleged that the law firm had assisted the client in selling off an asset, in violation of a restraining order. The law firm’s malpractice insurer refused to provide legal defense on the basis of a policy exclusion for “misappropriation of funds.” A lower court ruled against the law firm but the federal Second Circuit reversed. The court ruled that aiding a client selling assets in violation of a court order is not “misappropriation of funds” because it was done with the client’s consent. The law firm is entitled to at least a legal defense. https://lnkd.in/eHfGXCWR

Litigation funding agreements should be disclosed by rule in Federal Courts. Insurance agreements have been---since the 70s. Many dozens of judges and districts already require disclosure (scope and use vary widely), it is fought over in discovery, and 18+ states require it. None of that has hindered or harmed the industry's steady growth. Many international courts, governments, and arbitration bodies compel disclosure upfront by rule. Looking forward to discussing this today with the Rules Subcommittee and industry representatives at the The George Washington University law school before the Conference meets tomorrow to discuss. Adopting a simple rule will promote uniformity, avoid conflicts, end discovery disputes, and streamline and promote the use of funding.

Understanding the California Personal Injury Lawsuit Process: What Every Professional Should Know Personal injury claims aren’t as straightforward as many think — especially in California, where the legal landscape is full of nuanced deadlines, discovery demands, and settlement complexities. If you work with clients, advise injured parties, or simply want to deepen your knowledge, this comprehensive article from Lawyer Monthly is an excellent resource. It outlines: How the complaint and filing stages can make or break a case The importance of strict statute of limitations and how exceptions apply What happens during discovery, including depositions and interrogatories The role and impact of expert witnesses in proving damages How social media can unintentionally sabotage a claim When to consider settlement vs. trial and what that means financially Insights into contingency fees and costs This deep dive offers valuable clarity for legal professionals, claims adjusters, and anyone navigating or supporting personal injury litigation. 🔗 Read the full article here: https://lnkd.in/eSSBj93r 💡 Discussion: What’s been your biggest challenge or insight working on personal injury cases in California? Share your experience below — let’s learn from each other. #PersonalInjuryLaw #CaliforniaLaw #LegalProfessionals #LitigationSupport #LawyerMonthly #ClaimsManagement #LegalStrategy #TrialPrep #SettlementNegotiations

One of the most frequent and avoidable causes of legal malpractice claims is missed deadlines. A single overlooked filing date or statute of limitations can have devastating consequences for a client's case, leading to significant financial losses and reputational damage for the attorney. These errors often stem from inadequate docketing systems or insufficient oversight within a firm. Protecting your practice against such oversights is paramount, as even unintentional lapses can result in severe professional liability. Comprehensive legal malpractice insurance offers a critical safety net, mitigating the financial impact when these critical errors occur. #attorney #malpractice

Understanding the role of expert witnesses in liability and damages is crucial for anyone in the legal field. A recent article highlights how these professionals can significantly impact case outcomes, often tipping the scales in favor of one side or the other. The insights shared emphasize the need for careful selection and preparation of expert witnesses, which can ultimately make or break a case. This is not just about finding someone with expertise; it's about matching that expertise to the specific nuances of your case. What does this mean for smaller firms? It underscores the importance of strategic partnerships and informed decision-making, especially when resources are limited. It’s about leveraging knowledge effectively, ensuring every dollar spent contributes to building a compelling case. What are your thoughts on the significance of expert witnesses in your practice? Let’s discuss! #LegalInsights #ExpertWitness #LawFirmGrowth #AffordableSolutions #LegalEducation https://lnkd.in/e9majeKX

Starting a solo law practice is an exciting career move, but an attorney’s success depends on careful planning and attention to ethical obligations. In the latest edition of CNA Professional Counsel®, our Lawyers Professional Liability Risk Control team outlines key strategies for managing client communications, conflict of interest, malpractice insurance coverage and business planning. Explore how you can better support your attorney clients during this critical transition. Read the full article below: http://bit.ly/3IYhs7E 

🌟 Proud Moment for SBLL— Featured in The Florida Law Weekly! 🌟 We’re proud to share that several of our firm’s recent cases were published in The Florida Law Weekly, underscoring our ongoing impact across Florida’s tort, property, and insurance defense landscape. Each of these decisions reinforces key legal principles that protect our clients — from property managers and condominium associations to insurers and corporate defendants — and demonstrate our firm’s precision in litigation strategy, motion practice, and trial advocacy. 📚 Highlights include: Torts & Punitive Damages: Courts reaffirmed the high evidentiary bar required to pursue punitive damages, emphasizing that negligence — even gross negligence — is not enough without clear evidence of intentional misconduct. Premises Liability & Notice: Summary judgment for the defense where no evidence established the landlord’s notice of a dangerous condition — reaffirming limits of liability and agency principles in landlord-tenant contexts. Insurance Litigation & Sanctions: Dismissal upheld where plaintiff’s chronic failure to comply with court directives and case management obligations severely impeded judicial administration — a reminder of the importance of procedural discipline in litigation. These results highlight not only the diligence of our team but the depth of our defense strategies — identifying weaknesses in evidentiary foundations, enforcing procedural compliance, and leveraging law and fact to secure just outcomes for our clients. ⚖️ As these cases circulate statewide, they offer valuable insight for insurance carriers, property management companies, and defense professionals navigating similar claims. We’re scheduling strategy calls with clients and colleagues this month to discuss how these recent rulings can be applied proactively to strengthen defense strategies, refine claims handling, and manage litigation risk going forward. If you’d like to join one of these sessions or receive a brief analysis of the cases, please reach out — we’re always eager to collaborate and share what’s working in Florida’s evolving litigation environment. Full article links in the comments 👇 #InsuranceDefense #FloridaLaw #Litigation #CaseLaw #ClientSuccess #TheFloridaLawWeekly #DefenseWins #PropertyLaw #TrialAdvocacy #PunitiveDamages Tanaz Salehi Oscar Lombana Donald S. Lavigne Scott Boyer

Partner Joseph Kaiser will speak on the topic “From Six Flags to Carmichael: The Wild Ride of Negligent Security Cases in Georgia,” at the State Bar of Georgia 2025 Insurance Law Institute tomorrow. The presentation is based on an article first published in the Winter 2025 edition of the Georgia Defense Lawyers Association magazine. Joe will explain the evolving standards of negligent security law in Georgia, while offering a critical analysis of recent legal developments and their implications for property owners and legal practitioners. The full article is available online at the link below, https://lnkd.in/eCX6_wBE Partner Kevin James is proud to be a Program Co-Chair for this event. Details on the 2025 Insurance Institute are online at https://lnkd.in/e5UedJGD #GMKE #georgialawyer #atlantalawyer #insurancedefense #insurancelaw #insurancelawyer #triallawyer #defenseverdict #appellate #tennesseelawyer #premisesliability #mediation #ADR #trucking #inlandmarine #tortreform #negligentsecurity