Delay Claims

News & Analysis as of

Sixth Circuit Expands Availability of Remedies Under ERISA

The Sixth Circuit recently concluded that a disability plan participant was entitled to relief consisting of benefits under the plan and disgorgement of defendant’s profits for delaying payment. In so ruling, the Court found...more

Effective Use of CPM Scheduling

In a relatively recent case, Metcalf Construction Co. v. U.S., 107 Fed. Cl. 786 (2012), the U.S. Court of Federal Claims once again looked to the critical path method (CPM) in determining the allocation of damages in a...more

E-mails May Save You From a Final Release, But Don’t Count On It

Construction contractors that have litigated delay claims probably know, all too well, that Government attorneys will exploit any opportunity to dismiss a claim on summary judgment, particularly when a release is involved. ...more

Bad Faith Sentinel - February 2013

In This Issue: CONTENTS - Southern District Of California: Excess Insurer Liable For Bad Faith For Two Month Delay In Responding To Insured’s Demand To Either Pay Negotiated Settlement Or To Take Over Insured’s...more

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

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