SPR - September 1996 Headlines & Topics


SEPTEMBER 1996

Overview of topics...

Lead Note:

NEW LAWS AFFECTING SO-CALLED "DOLE/DOW" RULE (ON IMPLEADING EMPLOYERS), AND THE STATUTE OF LIMITATIONS ON MALPRACTICE ACTIONS AGAINST LAWYERS, TAKE EFFECT IMMEDIATELY

NEW LAWS -- PROGRESSION OF TREATMENT NOTE ON NEW LAWS:

Because of the new law on the malpractice statute of limitations against lawyers and the so-called "Dole/Dow" bill -- the Omnibus Workers' Compensation Reform Act of 1996 -- that limits the tort liability of employers, both just signed by the governor and effective immediately, we've addressed those bills in the current issue and revised the coverage of the other new laws described in the note that began Issue 47. All treatment of new laws will be completed in the Practice Review before the end of the year but in the following progression, noting also treatments already completed...

ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAWS AFFECTING SO-CALLED "DOLE/DOW" RULE (ON IMPLEADING EMPLOYERS), AND THE STATUTE OF LIMITATIONS ON MALPRACTICE ACTIONS AGAINST LAWYERS, TAKE EFFECT IMMEDIATELY

A HOST OF NEW LAWS ON CIVIL PRACTICE (see box)

COURT OF APPEALS SANTULLI DECISION, WHICH EXTENDED LEGAL MALPRACTICE STATUTE OF LIMITATIONS TO SIX YEARS, OVERRULED BY STATUTE, AND PERIOD CUT BACK TO THREE

• Applicable to All Except Medical Professionals

• Is the Amendment Retroactive? Question Intentionally Left Hanging

CHAPTER 635, THE OMNIBUS BILL: IMPLEMENTING WORKERS' COMPENSATION POLICIES BY BARRING THE IMPLEADER OF THE EMPLOYER BY A THIRD PERSON SUED BY THE EMPLOYEE -- BUT WITH MANY EXCEPTIONS

• Is Chapter 635 Retroactive?