Products Liability › Construction Law

Alabama Construction Worker Awarded $1.7 million For Injuries

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Tiara Condominium Association, Inc. v. Marsh & McLennan Companies

Economic Loss Rule

The Florida Supreme Court held that the Economic Loss Rule is limited to product liability cases. However, as discussed in the concurring opinion, this holding will not open up the flood gates for tort claims. Rather, the...more

What Litigators Can Learn From Some of the Coolest Graphics in Construction

The ability to make powerful, high-quality trial graphics was extremely limited by the software available in the early 1990s. I was reminded of how far we’ve come in the area of visualization and modeling when I recently had...more

Pennsylvania Court Holds Drywall Claims Arose Out of Single Occurrence

In its recent decision in Cincinnati Ins. Co. v. Devon International, 2013 U.S. Dist. LEXIS 20659 (E.D. Pa. Feb. 15, 2013), the United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law,...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

Construction Site Accidents

Workman’s compensation is unlikely to cover the expenses that come as a result of a serious injury. If you or someone you know has been unfortunate enough to be injured while on site due to negligence, contact a construction...more

Tarion Overhaul of Major Structural Defect Procedures

Tarion has introduced significant changes to the major structural defect claims process. These changes will affect all condominium projects where the first arm’s length agreement of purchase and sale was signed after July 1,...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

Chinese Drywall Suit Settles for $80 Million

Plaintiffs in New Orleans have settled a lawsuit for $80 million against builders, suppliers and manufacturers who sold and installed defective drywall in houses across the south, ruining metal fixtures and causing health...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

Case Studies in Environmental Medicine (CSEM) Asbestos Toxicity

This educational case study document is one in a series of self-instructional publications designed to increase knowledge of hazardous substances in the environment and to promote the adoption of medical practices that aid...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

How to Find the Best Court Reporting Services in Houston

When looking for court reporting services in Houston, Texas, an attorney has a wide range of options to consider. Do they want to hire a freelance court reporter, or will a larger litigation support firm provide the best...more

A Builder Who Opts out of Right to Repair Act's Prelitigation Procedures in Favor of its Own Contractual Prelitigation Procedures...

The California Court of Appeal holds that a builder who opts out of the nonadversarial prelitigation procedures set forth in California's Right to Repair Act in favor of its own contractoral nonadvesarial prelitigation...more

The Effective Use of Internet Deposition Streaming Services

When an attorney’s caseload is packed, and they have multiple depositions in different locations on the same day, this technology literally allows a busy attorney to be in two places at the same time....more

Questions To Ask When Selecting a Court Reporting Firm

The role of a court reporter is critical to the success of an attorney's case, both in terms of the accuracy of the transcript and the services they provide. Choose the wrong court reporting firm and you could end up with...more

Increased Demand for Realtime Court Reporting Services

Attorneys are quickly learning that realtime court reporting services can provide them with the ability to represent their clients with the highest level of accuracy and efficiency possible. When combined with any of the...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

Advantages of Using an Online Case Repository

It doesn't matter whether you are an attorney, a paralegal or legal secretary...the storage of important legal documents and the ability to access those documents in realtime is critical to your ability to efficiently serve...more

Subrogation Alert: Tennessee Legislature Rewrites Summary Judgment and Products Liability

Subrogation and recovery implications of the Tennessee Civil Justice Act of 2011....more

First Circuit Holds That Warranty Not Exclusive Remedy When Repeated Corrective Efforts Fail

According to the U.S. Court of Appeals for the First Circuit in Berkshire Medical Center, Inc. v. U.W. Marx, Inc., an owner is at some point legally entitled to run out of patience, at least where defective work is concerned....more