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Summary Judgment In Favor Of Broker In Malpractice Case Reversed, Where Special Relationship With Insured May Have Existed

In a case involving alleged broker malpractice with respect to certain underinsured business interruption losses under a commercial property insurance policy, the New York high court reversed a lower appellate court’s...more

Washington Bars Insurers from Maintaining Legal Malpractice Suit Against Policyholder Defense Counsel

In Stewart Title Guar. Co. v. Sterling Savings Bank, et al., Wash. No. 87087-0 (October 3, 2013), the Washington Supreme Court held that a nonclient insurer may not pursue a malpractice claim against appointed defense counsel...more

Nevada Supreme Court Extends Design Professional Economic Loss Rule Defense to Negligent Misrepresentation Claims on Commercial...

In 2009, the Nevada Supreme Court (“NSC”) applied the economic loss rule to bar claims of professional negligence by design professionals in commercial construction projects, ruling that “[i]n the context of engineers and...more

Appellate Notes: Week of July 15th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Construction Contracts: Best Practices for Minimizing Risk

Reducing risk starts before the ground is broken on a construction project. Construction contracts are unique in that they anticipate change will occur during the project for a multitude of reasons. However, not even the...more

Useless Attorneys’ Fees – The Importance of Understanding Florida’s Rules of Civil Procedure

On September 19, 2012, the Third District Court of Appeals decided that a first party plaintiff could not prosecute a claim against a third party defendant in Brady v. P3 Group (LLC) and Hypower, Inc....more

Taxing Times: HMRC set to fine firms £3,000 for "assisting in preparation of incorrect SDLT returns"

Her Majesty’s Revenue & Customs (“HMRC”) has announced that it intends to start imposing the maximum penalty of £3,000 in respect of online and paper SDLT returns under section 96 of the Finance Act...more

Costly Importance of "Another Set Of Eyes"

The failure to carefully proof our work product is painfully reflected in this article courtesy of, my eagle eye partner, Pat Owens....more

No Chance - Court of Appeal rules not to extend 'loss of chance' to commercial valuations

In this article, we look at how the courts assess damages in 'loss of chance' cases. Michael Axe also reports on the English Court of Appeal's recent warning regarding the dangers of applying these principles to commercial...more

Defining the Architect's and Engineer's "Standard of Care"

This article discusses the legal "standard of care" for architects, engineers, and other design professionals on construction projects....more

Real Estate Inspections and Misrepresentations: Must the Real Estate Agent Beware?

With misrepresentation and fraud claims on the rise, real estate agents and brokers should understand the legal consequences of the home inspection contingency, especially when it has been waived by buyers....more

Wrongful/Negligent Referrals - Let the Lawyer Beware! Negligence Lawyers - MSEK, New York by Abe Krieger

In this age of specialists, many lawyers refer clients and potential clients to other lawyers more experienced in a given area of law. Similarly, professionals in different fields refer to other professionals. Indeed, the...more

"Am I Covered?" Insurance Considerations for the Design Professional "Going Green"

The emergence of green building and sustainable design has introduced the world of building construction to new territory in the realm of energy savings and design implementation requiring new innovations in project delivery....more

Repose Re-Examined: When Does the Period Begin to Run?

The Statute of Repose, N.J.S.A. 2A:14-1.1, was enacted in 1967 in an attempt to limit the liability of designers and contractors. In nearly as many years since its enactment, judicial interpretations have examined and...more

Negative Pledge Agreements: Are They Enforceable?

Many lenders are willing to provide a commercial line of credit without obtaining a deed of trust, but require the borrower to execute a negative pledge agreement. These negative pledges or negative covenants, which are...more

The Green Architect

"Going Green" may mean increased liability for architects and other design professionals. While architects, as well as other design professionals, are held to the standard of care of the average architect practicing in the...more

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