Construction Civil Procedure Professional Malpractice

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Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where...

The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the project went to bid, the Bedwell Company (“Bedwell”) contracted with...more

Trial Court's Calculation of Lodestar Is Affirmed

In Syers Properties III, Inc. v. Rankin the California Court of Appeal for the First Appellate District affirmed the trial court’s grant of an award of attorney fees. The appellant contended that the trial court should not...more

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner...more

YOU NEED TO FILE A MOTION FOR PROTECTIVE ORDER!!

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more

Claim Against Insurance Broker Time-Barred

A California Court of Appeal has affirmed summary judgment for an insurance broker based on the statute of limitations set forth in California Code of Civil Procedure section 339(1) which provides a two year limitation period...more

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

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

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?

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

DEPOSITIONS: What Are the Real Objections?

In the spirit of my most recent article, "OBJECTION!! There's this case that says . . . ", here is a list of proper and improper objections to deposition questions that you should also keep in the back of your legal pad. ...more

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