Construction Products Liability Civil Procedure

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Nevada Supreme Court Clarifies Right to Construction Defect Remedies Involving Residential Units with Previously Occupied Spaces

In Oxbow Constr., LLC v. Eight Judicial Dist. Ct., 2014 Nev. LEXIS 109, 130 Nev. Adv. Rep. 86 (Nev. Oct. 16, 2014), the Nevada Supreme Court considered issues regarding class-action certification and the availability of...more

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...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

Statute of Repose and Independent Contractor Defense Bar Asbestos Claims in New Jersey

In a unanimous decision, New Jersey’s intermediate appellate court applied the statute of repose and the independent contractor defense and reversed a $1.8 million verdict awarded to the widow of a union asbestos insulator. ...more

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

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

All Answers Remain the Same

A party should use supplemental interrogatories and demands in an efficient and effective manner. They should be sent at least once a year and no later then 90 days before trial. The responses you obtain should direct you...more

Asbestos Alert: OSHA Regulations Held Insufficient as Basis for Expert Opinion that Certain Materials Contained Asbestos

The Court of Appeal affirmed the trial court’s grant of summary judgment in favor of Perini, a general contractor. Plaintiff alleged that he was exposed to asbestos by Perini employees at job locations where construction of...more

New Jersey Judiciary Narrows Applicability of Statute of Repose to Manufacturers of Products That Are Utilized in Improvements to...

New Jersey’s Appellate Division clarified the role of the New Jersey Statute of Repose, N.J.S.A. 2A:14-1.1 (the Statute of Repose), as it pertains to manufacturers of products that are utilized in improvements to real...more

The Long Tail of Construction Defect Liability: When Does It End?

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than...more

California Court of Appeal Finds Possible Liability Under Privette Doctrine of Retained Control

In a recent opinion, the California Court of Appeal has added to the state's long line of "hirer liability" cases, which the Supreme Court has referred to as "Privette and its progeny." In Tverberg v. Fillner Construction,...more

The Document From Hell--AKA The "Privilege Log"

In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P....more

Quoting Shakespeare

Last spring I had the pleasure of taking a tour of the Royal Globe Theatre in London, England. On display there was a plaque titled "Quoting Shakespeare." It brought a smile to my face when I read the passage as I realized...more

INSPECTION DEMANDS-What is a Reasonable Inquiry?

To determine whether or not a responding party has made a reasonable inquiry, you must determine where the responding party searched (what efforts were made), who did they talk to (did they make an inquiry to their legal...more

INSPECTION DEMANDS--What is a "Diligent Search"?

Have you ever received a response to requests for production of documents that says: After a diligent search and a reasonable inquiry has been made in an effort to comply with this Request, there are no documents within...more

Standard of Care for Engineers - the Jury Instruction (law note)

I’ve previously talked about the standard of care for design professionals on construction projects. As you should be aware, the standard is reasonableness, not perfection. To illustrate the point, consider a standard...more

Arizona Supreme Court Rules in Favor of Developer on Claim Against CGL Insurer for Cost of Repairing Defective Construction

In May 2011, the Arizona Supreme Court affirmed the Arizona Court of Appeals' August 2010 decision affirming a jury trial verdict and subsequent judgment in favor of a developer who had sued its commercial general liability...more

GIve Me All Your Documents!

I recently reviewed a case management order in a complex construction case venued in Southern California. The order required all parties to produce: Any and all relevant non-privileged and non-protected documents...more

The Best Way to Present a Case Under the New One-Day Trial Law

The Expedited Jury Trial Act (Act; Code of Civil Procedure §§ 630.01 – 630.10, AB 2284), which went into effect in California on January 1, allows cases to be tried in a single day. It’s really the first major overhaul of how...more

Requests for Admissions--THE MOTIONS

There are three motions that you can bring--(1) Motion to Compel,(2) Motion to Compel Further Responses, and (3) Motion to Have Admissions Deemed Admitted. All of them have their place in your discovery plan but two of...more

Protecting Investigative Materials

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

Answering Requests for Admissions--Beware of the Traps

Answering Requests for Admissions is very similar to answering interrogatories-you have an obligation to respond in good faith and you have to be careful about your garbage objections. However, the code makes it clear that...more

Finally, A Ruling That Applies Some Common Sense To The False Claims Act

Search for the phrase False Claims Act on the Internet, and you will be hit with a barrage of websites telling you how easy it is to bring a fraud case against a Government contractor. Sadly, these websites are right. The bar...more

Procedural Requirements of California's "Fix It" Law Upheld

The Fourth District Court of Appeal recently held that construction-defect plaintiffs must provide developers with notice and an opportunity to repair before filing suit. This holding in Standard Pacific Corporation v....more

The Discovery Motion with Teeth

After a long stretch of depositions,coupled with intense mediation sessions you finally have a day in the office to clean off your desk and catch up on your other cases Going through the stacks of mail, you find the motion...more

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