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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
February 14, 2024

Potential Game Changer: Will Sachtleben v. Alliant National Title Insurance Co. Alter the Legal Landscape for Missouri Real Estate and Title Insurance Professionals and Their Ever-Evolving Industries?

Fight the urge to pass on this miniature case note. Sure, my prior blog posts have focused more on practical considerations for title insurance and real estate professionals. Easy reading, pure bullet-list consumption. But, this case is one to watch whether you’re a Reddit “Land Chad” or a 1L selecting your favorite stick in the bundle during second semester Property Law. Be on the lookout for a follow-up blog post after the potential game-changing opinion from the justices in Jeff City.

Professional Liability Blog
November 8, 2023

The Recent $1.8 Billion Jury Verdict Based on Long-Held Real Estate Practices

In 2019, Missouri home sellers filed a federal class action lawsuit against the National Association of Realtors (NAR) and several corporations intimately involved in the residential real estate market like Keller Williams and Berkshire Hathaway. The lawsuit is captioned, Burnett et al v. National Association of Realtors et al. As the basis for the Plaintiffs’ allegations of conspiracy and violations of the Sherman Antitrust Act, the class of home sellers argued the NAR’s commission splitting rule constitutes a conspiracy, prevents natural price competition, and forces home sellers to pay higher commission costs than they hypothetically would have if realtor commission terms were negotiated per each unique transaction.

Professional Liability Blog
October 10, 2023

The Impossibility Defense

Your house building company (Builder) is halfway done with the building of a large house when during a thunderstorm, lighting strikes the house, catching it on fire and destroying it. The Builder does everything he can to rebuild the house as fast as possible but he still ends up being 4 months late in finishing the house. Builder’s contract had a serious penalty for each day the job was delayed in being completed. Builder contests the penalty on the basis of the Impossibility Defense. 

Professional Liability Blog
September 26, 2023

Avoiding Trials and Tribulations: Common-Sense Policies to Shield Your Company Amidst an Increase in the Number and Severity of Professional Liability Claims

Amidst an increase in the number and severity of professional liability claims, design-professionals can protect themselves and reduce the risk of a claim by focusing on their core expertise, choosing the right clients, entering into favorable contracts, and maintaining written records and communications.