News & Analysis as of

Property Damage Common Law Claims

Willcox & Savage

Out on a Limb

Willcox & Savage on

Trees provide building materials, firewood, food, beauty, shade, and pollen (at least for some of us). Falling trees and falling tree limbs are a source of danger and sometimes litigation. ...more

Cozen O'Connor

Pennsylvania District Court Holds Materiality Does Not Require Fraud

Cozen O'Connor on

A District Court in the Eastern District of Pennsylvania recently held that an insured’s submission of  invoices altered to inflate replacement costs for water-damaged inventory constituted material misrepresentations. ...more

Butler Weihmuller Katz Craig LLP

Passive Negligence And Common Law Indemnity

BROTHER’S PAINTING & PRESSURE CLEANING CORP. V. CURRY-DIXON CONSTRUCTION, LLC ET AL. 45 Fla. L. Weekly D259b - Third District Court of Appeals - This matter stemmed from a fire within a condominium unit that was under...more

Snell & Wilmer

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

Snell & Wilmer on

The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is...more

Troutman Pepper

California Supreme Court Clarifies That “Right To Repair Act” Is Exclusive Remedy For Both Economic Loss And Property Damage...

Troutman Pepper on

McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) - Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged...more

Snell & Wilmer

Common Law Indemnity Claim Affirmed on Justifiable Beliefs

Snell & Wilmer on

Yesterday, the Arizona Court of Appeals issued an interesting opinion in Hatch Development v. Solomon. Hatch illustrated two key points in real estate and construction litigation: (1) a contractor’s indemnity does not always...more

6 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide