Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration
"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
What are the Implications of Alice v. CLS?
How Auto Defects Can Cause Passenger Injury
Polsinelli Podcasts - Class Action Lawsuits: What to do When the Claim Arrives
Polsinelli Podcast - Business Litigation Survival Guide
An Overview of the 2014 Class Action Survey
Polsinelli Podcast - FDA Proposed Changes to Food Labels and What it May Mean for Manufacturers
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Craft Beer Boom in Michigan
When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more
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
On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more
Whether a construction defect constitutes a covered “occurrence” under a commercial general liability (“CGL”) policy has been the subject of a national debate among state courts in recent years. Armed with a small minority of...more
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
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
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
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
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
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
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
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
The S.C. Supreme Court has clarified the issue of CGL coverage for damages associated with construction defects in a way that should prove helpful to contractors and owners.
As you may know, in January 2011 the SC...more
Claims Arising from Defective Drywall Are Excluded Under Most CGL Policies: During the housing boom in the mid-2000s, domestically manufactured drywall was in short supply, so hundreds of millions of pounds of drywall...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
U.S. Court of Appeals for the Fifth Circuit
In VRV Development L.P.v. Mid-Continent Cas. Co., ___ F.3d ___, 2011 WL 48897 (5th Cir. (Tex.) January 7, 2011), the Fifth Circuit Court of Appeals held that negligent design and...more
In Dean v. Barrett Homes, Inc., A-15, New Jersey Supreme Court (November 15, 2010), the New Jersey Supreme Court significantly narrowed the "economic loss rule" and its corollary, the "integrated product doctrine," when it...more
Note To Reader: As this article goes to press, the Fourth District Court of Appeal has received the parties’ supplemental briefs, and is preparing to rehear Villa Vicenza Homeowners Association v. Nobel Court Development,...more
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
The recent flurry of litigation over defective Chinese drywall has put a new focus on an old problem--products liability in the construction law environment. When is a builder responsible for products it innocently sold or...more
IN THIS ISSUE:
*“The Writing Is on the Wall”: Defective Drywall Claims Prompt More Legal Action
*Federal Circuit Affirms $50 Million Civil Fraud Verdict Against Korean Construction Contractor
*Under New York Case Law,...more
The Legislature has made another attempt to try to correct the indemnification mess in the residential construction arena. This is its third attempt.
In 2005, the Legislature changed the framework for analysis of...more
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