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INSURANCE - UM/UIM; summary judgment; stipulation; S.B. 20; Sexton; Moore; limitation; no bodily injury; H.B. 261; Hedges; no cognizable cause of action.
Medical malpractice - Statute of limitations - Cause of action accrues, when - "Cognizable event" analysis applied.
The Utah Supreme Court has given a Riverton couple the go-ahead to sue a private organization that places abused children with foster parents, after the parents took in a foster child who turned out to have a history of sexually abusing at least 18 other children. In a unanimous ruling released Friday, the high court overturned a 3rd District decision by finding that Utah law should not bar the couple from bringing their suit against the Utah Youth Village, recognizing that a negligent placement is a "cognizable" cause of action under the law.
MALPRACTICE – Civ.R. 56(C); summary judgment; standard of review; statute of limitations for legal malpractice; R.C. 2305.11(A) provides that a claim for legal malpractice must be brought within one year after the cause of action accrues; cause of action for legal malpractice accrues when there is a cognizable event whereby the client discovers or should have discovered his injury related to attorney's representation or when the attorney-client relationship terminates, whichever is later; attorney-client relationship can terminate upon the affirmative act of either party; elements of cause of action for legal malpractice; failure by plaintiff in legal malpractice action to supply expert testimony regarding alleged negligence may render summary judgment for defendant appropriate.
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...ICS then filed actions in state court under the Illinois Administrative R... generally used to denote a judicially cognizable cause of action, and they and the federal claims d...
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... sections are enforceable through private causes of action, whose remedies are coextensive with tho... to award any appropriate relief in a cognizable cause of action brought pursuant to a federal stat...
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