Construction Civil Procedure Toxic Torts

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Newly-Published Regional Steel Case Raises More Questions Than It Answers

In May, California’s Second Appellate District affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in...more

South Carolina Court Rejects Theory of Seamless Claims Made and Reported Coverage

In its recent decision in GS2 Engineering & Environmental Consultants, Inc. v. Zurich American Ins. Co., 2013 U.S. Dist. LEXIS 95137 (D.S.C. July 9, 2013), the United State District Court for South Carolina had occasion to...more

Bad Faith Sentinel - April 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

Toxic Tort and Environmental Law Update: September 2012 -- Indiana Supreme Court Interprets Application of Statute of Repose in an...

Statutes of repose can provide immunity for contractors against latent asbestos personal injury claims filed several years after the work was performed and the plaintiff was exposed. Under many states’ statutes of repose,...more

Save Time, Money & Angst -- MEET and CONFER

The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 25.450(b)(2)), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, in good faith discuss a...more

Am I Naïve to Think Something Should Be Done?

What do you do when you are being out muscled by a party who has deep pockets and a lawyer who's intent is to abuse the discovery process and run up his bills. ANSWER--GET THE COURT INVOLVED!!...more

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