Laura C. Williams and R. Bryan Martin | Haight Brown & Bonesteel | December 14, 2015 In Daniel v. Ford Motor Company (filed 12/02/15), the Ninth Circuit resolved a federal and state court split on the issue of whether consumers can sustain a breach of implied warranty claim under California’s Song Beverly Consumer Warranty Act… Continue reading Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period are Actionable under California’s Lemon Law Statute
Month: December 2015
Limitations of Liability – The Elephant in the Room
Gregory Faulkner | Robinson Cole | October 14, 2015 This is the first post in the four-part series “Limitations of liability—The Elephant in the Room.” One or more of the following scenarios takes place in my office virtually every day: Scenario One: Owner client sends me an industry form construction contract and asks me to take a… Continue reading Limitations of Liability – The Elephant in the Room
Limitations of liability—Scenario One: Waivers of Consequential Damages
Gregory Faulkner | Robinson Cole | October 14, 2015 This is the second post in the four-part series “Limitations of liability—The Elephant in the Room.” Waivers of consequential damages have become the industry standard, and these clauses are found in most industry templates. Let’s pick on the AIA form, since it’s still the most commonly used… Continue reading Limitations of liability—Scenario One: Waivers of Consequential Damages
Limitations of Liability— Scenario Two: No Damages for Delays Clauses
Gregory Faulkner | Robinson Cole | November 10, 2015 Owners often attempt to limit their liability to contractors through what is commonly known in the construction industry as a “no damages for delays” clause. Much like waivers of consequential damages, a “no damages for delays” clause, which limits damages for construction delays, accelerations and other… Continue reading Limitations of Liability— Scenario Two: No Damages for Delays Clauses
Tips for Effective Insurance-Coverage Appeals
Matthew K. Grashoff | Brouse McDowell | December 2, 2015 To paraphrase the poet Robert Burns, the best-laid plans of mice and insurance-coverage lawyers often go awry. No amount of planning can prevent the occasional setback from an adverse trial court decision. If you and your client choose to appeal an adverse decision, keeping a… Continue reading Tips for Effective Insurance-Coverage Appeals