Ellen C. Brotman | The Legal Intelligencer | December 29, 2015 We’ve had a tough year in Pennsylvania, with scandals hitting our justice system at its highest echelons in ways that shocked and dismayed us, and made traveling to other jurisdictions just a little bit painful. I’ve given some thought to lessons learned and come… Continue reading New Year’s Resolutions for a Happy Practice in 2016
Month: December 2015
Depreciating Labor is Against Public Policy When Calculating Actual Cash Value
Chip Merlin | Property Insurance Coverage Law | December 14, 2015 The Arkansas Supreme Court ruled last week that depreciating labor is against public policy when calculating the actual cash value of a loss. This was despite insurance policy language permitting the practice. This will undoubtedly generate class action lawsuits against insurers engaged in this practice… Continue reading Depreciating Labor is Against Public Policy When Calculating Actual Cash Value
Getting Past the Gatekeeper: “No Shoes, No Shirt, No Service”
Annie Dike, Esq. | Bullseye | December 29, 2015 “No shoes, no shirt, no service.” How long has it been since you’ve seen a sign like that? Does it still ring true? Apparently so, when it comes to admissibility of expert opinions in federal court. A recent opinion in the numerous Cymbalta labeling cases proves… Continue reading Getting Past the Gatekeeper: “No Shoes, No Shirt, No Service”
Homebuyers on their Own to Check Soil Stability
Ryan Summerlin | Post Independent | December 26, 2015 The problem of sinking homes in Ironbridge, built on hydrocompactive soils that collapse when they get wet is neither isolated nor new. Shifting soils have caused millions upon millions of dollars in property damage in Colorado, said Bob Patillo, the structural engineer who worked with Ironbridge… Continue reading Homebuyers on their Own to Check Soil Stability
Differing Site Condition Defense Rejected
Joseph T. Imperiale and James M. Kwartnik, Jr. | Pepper Hamilton LLP | November 20, 2015 The Court of Appeals of Washington recently decided King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, JV, a dispute between a joint venture contractor (the Contractor) and King County, Washington (the County). The dispute stemmed from problems that arose… Continue reading Differing Site Condition Defense Rejected