News & Analysis as of

Expert Testimony Property Owners

Cozen O'Connor

Property Owners Owe Duty of Reasonable Care to Neighbors in Maryland if Circumstances Create Hazard

Cozen O'Connor on

In June of last year we reported an affirmance from the Maryland Court of Special Appeals holding that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that...more

White and Williams LLP

Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

White and Williams LLP on

Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands/Condemnation: New York Appellate Court Addresses Evidentiary Issue

The New York Supreme Court (Appellate Division)(“Court”) addressed in a January 9th opinion an evidentiary issue associated with the condemnation by the State of New York of a parcel of real property. See Kermanshahchi, et...more

Jones Day

Not So Secondary: Overcoming Obviousness With Objective Indicia

Jones Day on

On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...more

Ward and Smith, P.A.

N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

Ward and Smith, P.A. on

In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property's fair market value. In its decision in North Carolina Department of Transportation v. Mission...more

Foley Hoag LLP - Environmental Law

The Need For Expert Evidence To Make Out An Innocent Landowner Defense Under CERCLA

As every litigator knows, evidence almost always tells a story that is untidy and riddled with loose ends. This was illustrated by a recent innocent landowner case in California — Coppola v. Smith. There, a company had...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

SC19118 - E & M Custom Homes, LLC v. Negron - New home warranty claim was successfully asserted as a counterclaim to a mechanic lien foreclosure. You will have to read the Appellate Court decision to find out what...more

Winstead PC

Court Rules That Landowners Must Provide Factual Support For Market Value Opinions

Winstead PC on

The Texas Supreme Court has recently held that while the property owner rule establishes that an owner is qualified to testify as to market value, the testimony must meet the same requirements as any other opinion evidence....more

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