News & Analysis as of

Construction Defects Discovery

J.S. Held

Construction Defect Insurance Claims

J.S. Held on

Construction defect claims and cases are scenarios wherein physical loss or damage is claimed to be related to defective building elements that will require repair or replacement. Typical defect claims and cases will involve...more

U.S. Legal Support

[Webinar] Managing a Complex Case Virtually – A Case Study of Construction Defect Litigation - February 10th, 9:00 am PST

U.S. Legal Support on

Join us for an in-depth conversation with top attorneys from Duane Morris LLP, Fenton Grant Mayfield Kaneda & Litt, LLP and Gordon Rees Scully Mansukhani, LLP on how to manage a complex litigation from discovery through...more

Troutman Pepper

Pennsylvania Appellate Court Affirms Homeowner’s Recovery Against Developer on Tort Claims, Despite Contract and Challenges Based...

Troutman Pepper on

Dolan v. Hurd Millwork Co., No. 2951 EDA 2015, 2019 BL 229344 (Pa. Super. Ct. June 21, 2019) - This cases arises out of defective windows installed in a residential construction project. In 1999, Leo J. Dolan purchased a...more

Spilman Thomas & Battle, PLLC

Avoiding Spoliation of Evidence is an Ongoing Obligation

Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It's always important to allow an opponent and their expert the opportunity to inspect premises and review...more

Maynard Nexsen

Waiver of Attorney-Client Privilege in Bad Faith Litigation

Maynard Nexsen on

The United States District Court has confirmed in a recent decision that in most circumstances, the attorney-client privilege will be waived in bad faith litigation in South Carolina. In Contravest, Inc. v. Mt. Hawley Ins....more

Carlton Fields

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

Carlton Fields on

A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

Carlton Fields

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

Carlton Fields on

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

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