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LAW 764A - Professional Negligence (Prof. Partlett, Fall 2014)  

Last Updated: Aug 12, 2015 URL: http://guide.library.law.emory.edu/seminar_f2014_professional_negligence Print Guide RSS Updates
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Introduction

With the writing component of your seminar in mind, we have compiled a listing of useful resources for the topic of Professional Negligence. If you have any questions, please request a student consult with a librarian using the form linked on the left hand side of this guide.

 

Newsletter Publications

Legal newsletters have reports on new litigation, trial court orders, and administrative caselaw. They include cases on negligence of attorneys and financial and healthcare professionals, less often for design professionals.

  • Bloomberg BNA databases: ABA/BNA Lawyer’s Manual on Professional Conduct, Securities Regulation & Law Report, Broker/Dealer Compliance Report, Health Law Resource Center. Or use Search My BNA to search multiple publications. Use the topic lists to find headings including “auditor liability” and “medical malpractice.”
  • Law 360 on Lexis: Search in Legal News and Expert Analysis. Or search on law360.com by subject area or industry, then find full-text of articles on Lexis.  
 

Books & Treatises

Treatises include:

  • Bruner & O’Connor on Construction Law (Westlaw) and Stein, Construction Law (Lexis)
  • American Law of Medical Malpractice (Westlaw), Treatise on Healthcare Law (Lexis), and Louisell & Williams Medical Malprctice (Lexis)
  • Mallen & Smith Legal Malpractice (Westlaw), Legal Ethics: the Lawyer’s Deskbook on Professional Responsibility (Westlaw), Georgia Legal Malpractice Law (KFG76.5 .A2 E845 2011 and Lexis)
  • Loss & Seligman Securities Regulation (KF1070 .L62 2014), Bromberg & Lowenfels on Securities Fraud (Westlaw)
  • Damages in Tort Actions (Lexis), Modern Tort Law (Westlaw)
  • PLI treatises on Bloomberg Law include Evidence in Negligence Cases; Medical Malpractice: Discovery and Trial; Conducting Due Diligence in a Securities Offering; and Soderquist on the Securities Laws.

Search in discoverE. Relevant titles may be specific to negligence or malpractice, or may be chapters in treatises on the subject area (securities, construction law), or more generally on damages or torts.

 

Case Law

Westlaw: Use the Practice Areas for Construction Law, Securities Enforcement, or Health Law.

Use the West Key Number System: Negligence is Topic 272; Trades, Special Skills and Professions are k321-k323. Other relevant topics: Accountants 11A, Attorney and Client 46, Brokers 65, Health 198H.

Use ALR on Westlaw or Lexis to find articles compiling professional negligence and malpractice cases.

Lexis: Go to Browse Topics>Torts>Malpractice & Professional Liability.

Bloomberg Law: Search Court Opinions using Topics including Medical Malpractice and Professional Responsibility.

 

Verdict Reporters & Litigation News

News on verdicts and settlements can be found in the (Fulton County) Daily Report and other ALM publications available on Lexis, including ALM verdicts by state.

Westlaw has a section of Jury Verdicts & Settlements by circuit, state, and topic, including Construction Law, Finance & Banking, Health Law, and Securities.

Westlaw also has a Medical Litigator section that includes medical reference books, medical board decisions and licenses, Stein on Personal Injury Damages, and the Personal Injury Valuation Handbook.

 

Dockets

Find dockets for pending cases (mostly federal) on Bloomberg Law. You can find dockets, and federal court documents, for cases found in a news or newsletter search, or search dockets by party name or keyword (including cause of action). For Federal District Courts, you can search by nature of suit.

 

Practice Sets & Databases

Search in Causes of Action, AmJur Trials, and AmJur Proof of Facts on Westlaw to find articles with litigation checklists and practice suggestions, including case citations.

Search Practical Law (on Westlaw or the separate PLC database in Electronic Resources) for articles and sample documents on practice areas, including litigation and finance.

 

State Legislation & Tort Reform

Westlaw 50 State Statutory Surveys: Medical Malpractice, Tort Reform.

Westlaw: Bill Tracking by State.

Lexis 50 State Surveys, Legislation & Regulations: Healthcare Litigation, Torts.

Hein Online Resources: Subject Compilations of State Laws, Session Laws Library

Several CRS Reports on tort reform legislation (mostly federal) and medical malpractice reform. Search in Proquest Congressional or use the list at the University of Maryland Law Library.

 

Federal Legislation & the Affordable Care Act

Public Law 111-148: The Patient Protection and Affordable Care Act

Legislative histories of the ACA: Hein Online, Proquest Congressional, Westlaw, congress.gov

In discoverE, use the subject heading “United States. Patient Protection and Affordable Care Act” to find books, government documents, and other documents.

Westlaw’s Practitioner Insights for Health includes a collection of resources on the ACA, including cases, statutes, regulations, secondary sources, and proposed and enacted health law legislation (including state).

The treatise Health Care Reform: Law and Practice on Lexis focuses on the Affordable Care Act and its impact on different groups.

The Affordable Care Act and Health Care Reform are frequent topics in Bloomberg BNA’s Health Care Policy Report.

CQ publications include numerous articles on the ACA and more recent healthcare legislation proposals in Congress.

There are also CRS Reports on the ACA and other health law and policy issues. See Proquest Congressional and the list from the University of Maryland.

Track federal bills using Proquest Congressional, Westlaw, or congress.gov

 

Codes of Ethics & Other Standards

Center for the Study of Ethics in the Professions: Codes of Ethics Collection. Browse by organization, professional category, keyword.

Markula Center for Applied Ethics: Links and articles on business ethics and bioethics.

Codes of Professional Responsibility: Ethics Standards in Business, Health, and Law, 4th ed. (Service Desk, BJ1725 .C57 2000). Compiled ethics codes, but not up-to-date.

American Institute of CPAs: Standards and Statements

Certified Financial Planner Board of Standards: Professional Standards and Enforcement

American Institute of Architects: Code of Ethics and Bylaws, with decisions and advisory opinions

National Society of Professional Engineers: Ethics Resources

American Medical Association: Medical Ethics

American Dental Association: Ethics and Professional Conduct

American Psychological Association: Ethical Principles and Code of Conduct

 

Attorney Malpractice Resources

ABA Center for Professional Responsibility: Model Rules of Professional Conduct, ABA Formal Ethics Opinions, Directory of State Disciplinary Agencies, links to other professional responsibility resources

ABA/BNA Lawyers’ Manual on Professional Conduct: Ethics rules (ABA Model Rules, state ethics rule links), ABA ethics opinions, summaries of state ethics opinions, practice guides

Annotated Model Rules of Professional Conduct: KF305 .A2 and Westlaw

Westlaw: Ethics and Professional Responsibility Texts and Treatises

Lexis: Search in the Practice Area of Legal Ethics under Browse Topics. Or search in Browse Sources to find the ABA Model Rules of Professional Conduct, ABA Formal and Informal Ethics Opinions, and some state ethics opinions.

Restatement of the Law Governing Lawyers: Print at Range 301, Westlaw, and Hein Online's ALI Library

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