Civil Sexual Assault Episode 5: Assessing Sexual Assault Claims
Civil Sexual Assault Episode 4: Challenges Facing Institutions Subject to Sexual Abuse Claims
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
Do you know the restrictions for a probationary driver in New Jersey?
Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
Money Talks: Safe Places & Breach of Security (Part I)
On January 17, 2014, the Texas Supreme Court resolved a long-debated controversy as to the scope of a contractual liability insurance exclusion in Ewing Construction Co. v. Amerisure Insurance Co. A contractual liability...more
The Nevada Supreme Court has addressed the economic loss doctrine in the context of commercial construction disputes in a number of cases over the past several years. Nevada’s general rule, as detailed below, is that the...more
In a recent ruling, the Arizona Supreme Court clarified that the economic loss rule does not apply to non-contracting parties. See Sullivan v. Pulte Home Corporation, 667 Ariz. Adv. Rep. 36 (Ariz. 2013). This ruling both...more
In California, the economic loss rule addresses the distinction between suits in contract and tort. A contract claim can typically be pursued to recover all damages proximately caused by breach of contract, unless expressly...more
In Utah, a plaintiff must generally in be in privity with the “original contractor, architect, engineer or real estate developer” to bring an “action for defective design or construction.” Utah Code Ann. §78 B-4-513(4). This...more
The economic loss doctrine generally holds parties to the benefits, burdens and obligations set out in their contracts and bars tort claims such as negligence, misrepresentation and theft for purely economic loss when a...more
California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have...more
Significant amendments affecting the liability of self-regulating organizations and building owners became effective on 1 July 2013.
In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second...more
On April 24, 2013, Florida Governor Rick Scott signed into law Senate Bill 286, which provides the conditions under which a design professional (i.e., an architect, engineer, interior designer, landscape architect, surveyor,...more
This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more
For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more
In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more
For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012...more
In Certain Interested Underwriters At Lloyd’s, London v. Perry Stolberg, ___F.3d ____, 2012 WL 1699931 (1st Cir. May 16, 2012), the First Circuit Court of Appeals affirmed the district court’s holding that the insurer was not...more
On May 29, 2012, the Supreme Court of the United States denied certiorari in one of the most interesting, albeit troubling, construction-related cases to make national headlines since United States v. Spearin, 248 U.S. 132...more
In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more
In its recent decision in State Farm and Casualty Co. v. Lorrick Pacific, LLC, 2012 U.S. Dist. LEXIS 57922 (D. Ore. Apr. 24, 2012), the United States District Court for the District of Oregon had occasion to consider whether...more
The Southeastern Carpenters Regional Council mounted a campaign against Fidelity Interior in Atlanta, GA. The union sent letters to owners and general contractors warning them of adverse consequences if they used Fidelity, a...more
A new decision by the Kansas Supreme Court drastically alters the legal landscape for claims against residential home builders. David v. Hett, No. 98,416, Kan., (Kan. Dec. 30, 2011). Click here to read the full decision. The...more
As we discussed yesterday, CH2M was held liable in negligence for the accidental death and other injuries sustained by workers at the Spokane wastewater treatment facility. Today, a few take-away lessons for design...more
When last we left off, the causes of the Spokane wastewater treatment disaster were revealed to be a combination of three things: 1) a blocked overflow pipe; 2) a malfunctioning monitoring system inside the digester; and 3) a...more
Can an Engineering firm be held liable in negligence despite provisions in a state law which allegedly gives design professionals immunity? That was the issue confronted recently by the Supreme Court in the state of...more
Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more
If you are engaged in general contracting and think you have shifted the risk of non-payment by the owner to your subcontractors you should review this article. At least in Texas, unless the contract makes it clear with...more
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