Construction Toxic Torts Civil Procedure

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
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New Jersey Court Applies Continuous Trigger Theory and Finds That No Coverage Is Available Because Damage Manifested Prior to...

In Cypress Point Condo. Ass’n. v. Selective Way Ins. Co., 2015 N.J. Super. Unpub. LEXIS 721 (March 30, 2015), the New Jersey Law Division dismissed a declaratory judgment action filed against an insurer for a framing...more

Town Gets Schooled on Class Definition in PCB Contamination Case

The Town of Lexington, Massachusetts filed a putative class action in 2012 on behalf of itself and alleged similarly situated Massachusetts school districts that have one or more buildings with airborne...more

Pennsylvania Supreme Court Declines Review of Case Applying Statute of Repose to Asbestos Claims

As we reported in our July 2014 edition, the Superior Court of Pennsylvania held, in Graver v. Foster-Wheeler Corp., 96 A.3d 383 (Pa. Super. Ct. 2014), that the 12-year statute of repose applicable to claims against designers...more

No Diagnosis, No "Damages": Wisconsin's Construction Statute of Repose in Asbestos Cases

How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10...more

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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