Personal Injury

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News & Analysis as of May 22, 2013

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

by Lowenstein Sandler LLP on 9/18/2012

The New Jersey Appellate Division recently issued an unpublished opinion involving the false certification by the principal of a general contractor of payments to a subcontractor. The ramifications of that conduct should be...more

Washington Court of Appeals Interprets the Phrase "Third Person" Under Definition of "Insured Contract"

by Stephanie Grassia on 2/15/2012

The Washington Court of Appeals held that a liability insurance policy's contractual liability exclusion precludes coverage for an insured's contractual obligation to indemnify another party for injury to the insured because...more

Termination of Contracts: A Balancing Act or the Tightrope over the Morgul Vale?

by Lovegrove Solicitors on 1/11/2012

There is termination done correctly, and on the other hand there is incorrect or wrongful termination. The later form of termination is commonly known as “repudiation” of contract....more

Corporate Protection and Negligence Claims in the Construction Industry

by Poyner Spruill LLP on 4/28/2011

Recently the North Carolina Court of Appeals in White v. Collins Building, Inc. et al., addressed the issue of whether a homeowner has a negligence claim against its builder’s principal when the builder was a corporation. The...more

Developer Lawsuit Prevents Sale

by Heenan Blaikie LLP on 3/28/2011

In the first few years of a newly created condominium corporation the owner elected board will try to resolve issues dealing with building deficiencies, the developer's warranties and representations made in disclosure...more

Personal Assets at Risk Despite Corporate Formalities (Law Note)

by Melissa Dewey Brumback on 1/13/2011

Many people establish business entities to protect themselves from personal liability. In a ruling last week, however, the NC Court of Appeals held that despite such corporate formalities, contractors can be personally liable...more

Construction Accident Leads to Important OSHRC Ruling

by Johnston, Moore & Thompson, Huntsville... on 12/8/2010

The Occupational Safety & Health Review Commission, which hears appeals of OSHA citations and penalties, has ruled that employers cannot escape liability for repeat safety violations by reorganizing. The case was an appeal of...more

Workplace Accidents in Condos

by Heenan Blaikie LLP on 12/3/2010

Heenan Blaikie’s national OHS & Workers’ Compensation practice group regularly advises business owners and management when they have had a workplace accident. According to Cheryl A. Edwards and Jeremy Warning, both former...more

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