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New Jersey Appellate Division Holds that Affidavit of Merit Must be Issued by a Professional within the Same Profession as...

Hill International, Inc. v. Atlantic City Board of Education, 2014 N.J. Super. LEXIS 177 (App. Div. Dec. 30, 2014) - The Superior Court of New Jersey, Appellate Division held that, in order to support of claim of...more

Awards of Attorneys’ Fees: How to Determine Whether Your Case “Arises Out of Contract” Under Arizona’s Fee Statute

Evaluating risk before mediation or trial often requires an assessment of whether the prevailing party will be awarded its attorneys’ fees. Pursuant to A.R.S. § 12-341.01, attorney fees are only awarded when the action...more

Connecticut Court Holds Negligence Misrepresentation Claim Does Not Trigger Defense

In its recent decision in Pa. Gen. Ins. Co. v. Thakur, 2014 U.S. Dist. LEXIS 110251 (D. Conn. Aug. 11, 2014), the United States District Court for the District of Connecticut had occasion to consider whether a claim for...more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

Appellate Court Notes: Week of March 10

SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

Claims For Legal Malpractice Aren't Assignable In North Carolina

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more

Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Oklahoma Court Holds Failure to Warn Not a Covered Professional Service

In its recent decision in Hanover Am. Ins. Co. v. Saul, 2013 U.S. Dist. LEXIS 29739 (W.D. Okl. Mar. 5, 2013), the United States District Court for the Western District of Oklahoma had occasion to consider whether a...more

Mock Trial Arbitrations and Mediations: A New Approach To Case Resolution

In many cases, the stumbling block to settlement is the parties’ polar opposite views of what the likely jury verdict will be. Impasse is typically reached in these situations when the parties dig their heels in, often...more

Mock Trials and Focus Groups: How Are They Conducted?

The goal of the trial lawyer in using a mock trial or focus group in his or her case is to obtain objective information from a group of individuals demographically similar to the real jurors. Consequently, the mock trial or...more

Estate of Kurstin, M.D. v. Lordan, et al.,

Appellate Decision

Trial practice – Civil Procedure – settlement with less than all tortfeasors A frequent issue for trial lawyers as they approach an impending trial against multiple defendants is whether to settle with one and go to...more

Aansprakelijkheden bij calamiteiten

Mijn powerpoint presentatie over aansprakelijkheden bij calamiteiten. Hierin behandel ik de juridische afwikkeling van enkele geruchtmakende rampen en de lessen die hieruit zijn te leren. Hierin komt naar voren welke...more

"Hybrid" Fee Agreements for Business Litigation

"Increased milaeage" agreement allows the attorney and client to go those extra miles to obtain a great result. More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency...more

Over schadebeperking door het inroepen van juridische middelen

Kan een schuldenaar een (derde-)benadeelde tegenwerpen dat deze laatste zijn schade had moeten beperken door het inroepen van een aan deze ten dienste staand juridisch verweer (op grond van artikel 6:101 BW)? Deze vraag...more

Hubner v. Spring Valley Equestrian Center

New Jersey Supreme Court Bolsters Immunity to Equine Operators

In Hubner v. Spring Valley Equestrian Center, the New Jersey Supreme Court expressly noted that the NJ Equine Activities Liability Act is "remedial legislation" (akin to the Law Against Discrimination statute, etc.)and thus...more

Estate of Kurstin, M.D. v. Lordan, et al.,

Brief of Appellees

Trial practice – Civil Procedure – settlement with less than all tortfeasors A frequent issue for trial lawyers as they approach an impending trial against multiple defendants is whether to settle with one and go to...more

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