Maggie Tamburro – October 16, 2012 Think you have that winning expert witness in your back pocket? Think again. The 6th Circuit has recently released an opinion that reminds experts and attorneys to use extreme caution: That ace-in-the-hole, hired-gun expert witness might just backfire if you’re not careful. You likely won’t find this case reported on… Continue reading Shooting from the Hip with a Hired-Gun Expert Witness
Month: October 2012
Owner’s Approval of Means and Methods may not Relieve Contractor of Liability
James Warmoth – October 11, 2012 When faced with a risky means and methods issue—excavating near an existing structure, for example—contractors frequently seek or otherwise receive input (whether they want it or not) from the owner or its on-site representative. In other cases, the contractor may simply take comfort in the fact that the owner… Continue reading Owner’s Approval of Means and Methods may not Relieve Contractor of Liability
How to Make the Most of Mediation
Lynn M. Fischman Uniman – September 28, 2012 Today it seems that every case is mediated at some point, either voluntarily through private mediation services or involuntarily pursuant to court order. Mediation offers the parties a consensual resolution of their dispute at a relatively modest cost compared to litigating in court or before an arbitration… Continue reading How to Make the Most of Mediation
How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Liz Kramer – October 10, 2012 I see more and more arbitration agreements that contain their own limitations period (the timeline for bringing a dispute in arbitration). Are all of those necessarily enforceable? No. In Order of United Commercial Travelers of America v. Wolfe, 331 U.S. 586 (1947), the Supreme Court held that contracts may shorten… Continue reading How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Avoiding Mechanics’ Liens – a Checklist for Owners
Paul M. Macon, David L. Orwick, Katherine H. Jones, Walter D. Cupkovic and Jack L. Parrino – September 25, 2012 Owners of construction projects, and their lenders, are frequently anxious about the prospect of mechanics’ liens being filed against their property. Whether filed during the course of construction or afterwards, these actions can be distressing… Continue reading Avoiding Mechanics’ Liens – a Checklist for Owners