Civil Procedure, Business Torts, Construction Law

California Civil Depositions Limited To Seven Hours Under New Law

by Peter Bauman - Senior Associate at Tharpe &... on 5/15/2013

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

Trial Tactics for Insurance and Corporate Defense Cases

by Peter Bauman - Senior Associate at Tharpe &... on 5/14/2013

Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more

Litigation Management: A Win-Win

by Peter Bauman - Senior Associate at Tharpe &... on 5/13/2013

Using tools and strategies to effectively and intelligently proceed a case through the litigation process, based on the goals and expectations of a specific client, is an important part of effective legal representation. This...more

Daubert Standard For Expert Testimony Almost Applied In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/10/2013

The standard for admitting expert scientific testimony in a federal trial under the Federal Rules of Civil Procedure was established in the case of Daubert v. Merrell Dow Pharmaceutical (US Supreme Court, 6/28/93), then...more

Bad Faith Sentinel - April 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 5/1/2013

In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court...more

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more

A Breach Of A Fiduciary Duty Claim May Be Waived

by Schecter Law on 3/25/2013

A dispute arose between Band and Libby regarding the development and construction of a luxury condominium. Band, the managing general partner of the development and an attorney, contacted Libby to invite him to become an...more

Missouri Supreme Court Confirms That A Defendant Need Not Plead Its Liability To Plaintiff In A Third-Party Claim For Contribution

by Williams Venker & Sanders on 2/11/2013

For more than 35 years Missouri defendants have been filing third-party claims for contribution against other potentially liable persons or entities not sued directly by the plaintiff. But for 33 of those years defendants...more

Lenders Beware: The Risks of Creating a Fiduciary Relationship With Your Borrower

by Poyner Spruill LLP on 10/24/2012

In the wake of the collapse of the real estate market, banks across the country have seen a significant increase in cases brought by developers and individual buyers alike seeking to avoid their loan obligations on their...more

Microsoft Corp. v. Vadem, Ltd., et al., C.A. No. 6940-VCP (Del. Ch. Apr. 27, 2012) (Parsons, V.C.) - April 27, 2012

by Potter Anderson & Corroon LLP on 5/9/2012

In this memorandum opinion, the Court of Chancery reinforced the internal affairs doctrine while dismissing a complaint brought by Microsoft Corporation in connection with the restructuring of Vadem, Ltd., a computer...more

California Court Denies Rescission of Insurance Policy

by Traub Lieberman Straus & Shrewsberry LLP on 5/4/2012

In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was...more

Washington Supreme Court: Independent Duty Rule Doesn’t Bar Contractor’s Tort Claims, But Facts Do

by Lane Powell PC - Construction Law on 4/3/2012

The Washington Supreme Court continues to keep parties to construction contracts guessing about when remedies might be available, other than those set forth in the contract itself. The issue has been less than clear since the...more

Litigate Like An Egyptian

by Katherine Gallo, Esq. on 9/29/2011

You are now sitting down to organize your Discovery Plan and determining what discovery you need to evaluate your case, prepare for mediation, file a motion for motion for summary judgment/summary adjudication and/or get it...more

Protecting Investigative Materials

by Lawrence Wilson on 4/5/2011

A great summary of Attorney Client and Work Product Privilege in the context of an internal investigation. Something you should keep in mind when bad things happen....more

The 123s of Current North Carolina Lien Law: Issues for Owners

by Melissa Dewey Brumback on 12/23/2010

Issues for Owners facing a Lien on their Property in North Carolina....more

Should I stay or Should I go: Court versus Arbitration

by Melissa Dewey Brumback on 11/23/2010

Are you wondering whether Court or Arbitration should be made a standard part of your construction contracts? With apologies in advance to The Clash, there is "trouble" to be found in either venue. This article discusses the...more

Contributory Negligence on the Construction Law Project in North Carolina

by Melissa Dewey Brumback on 11/23/2010

I’m sometimes asked if the percentage of “fault” is something that a client can rely on to reduce the amount of money they may owe on construction project gone bad. The short answer: no. Unlike in many other...more

Active vs. Passive Negligence on the Construction Project

by Melissa Dewey Brumback on 11/23/2010

If you work on a North Carolina construction project, you, too, are in "the whole hog" if you are negligent. That is, if you are negligent at all, you are on the hook for the full lot. While generally, joint tort-feasors...more

Failing to Coordinate in Design-Bid-Build Project Costly Mistake

by Melissa Dewey Brumback on 2/9/2010

New North Carolina case hits architecture firm for failing to coordinate in Design-Bid-Build construction project....more

Exceptions to the Economic Loss Rule in North Carolina

by Melissa Dewey Brumback on 2/1/2010

When a construction project goes awry, who can you sue, and what theories are available to you? If you have a contract, you may not be able to sue under a negligence or "tort" theory because of the application of the...more

What is the Economic Rule and How Does it Effect Me on my North Carolina construction project?

by Melissa Dewey Brumback on 1/28/2010

When a construction project goes awry, who can you sue, and what theories are available to you? If you have a contract, you may not be able to sue under a negligence or "tort" theory because of the application of the...more

The Best Arbitrations Used By California Attorneys and Lawyers Aren’t Arbitrations, They’re Mediations

by Sebastian Gibson on 11/17/2009

There are four types of arbitrations used by arbitration lawyers and civil litigation attorneys in California. This article examines each of the four types and compares them to mediations. There are many disadvantages to...more

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Civil Procedure › Business Torts › Construction Law

California Civil Depositions Limited To Seven Hours Under New Law

Trial Tactics for Insurance and Corporate Defense Cases

Litigation Management: A Win-Win

Daubert Standard For Expert Testimony Almost Applied In California

Bad Faith Sentinel - April 2013

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

A Breach Of A Fiduciary Duty Claim May Be Waived

Missouri Supreme Court Confirms That A Defendant Need Not Plead Its Liability To Plaintiff In A Third-Party Claim For Contribution

Lenders Beware: The Risks of Creating a Fiduciary Relationship With Your Borrower

Microsoft Corp. v. Vadem, Ltd., et al., C.A. No. 6940-VCP (Del. Ch. Apr. 27, 2012) (Parsons, V.C.) - April 27, 2012

California Court Denies Rescission of Insurance Policy

Washington Supreme Court: Independent Duty Rule Doesn’t Bar Contractor’s Tort Claims, But Facts Do

Litigate Like An Egyptian

Protecting Investigative Materials

The 123s of Current North Carolina Lien Law: Issues for Owners

Should I stay or Should I go: Court versus Arbitration

Contributory Negligence on the Construction Law Project in North Carolina

Active vs. Passive Negligence on the Construction Project

Failing to Coordinate in Design-Bid-Build Project Costly Mistake

Exceptions to the Economic Loss Rule in North Carolina

What is the Economic Rule and How Does it Effect Me on my North Carolina construction project?

The Best Arbitrations Used By California Attorneys and Lawyers Aren’t Arbitrations, They’re Mediations

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