Squire Patton Boggs | December 29, 2015 In an opinion filed on December 16, the Sixth Circuit discussed a Daubert question that the court declared to be a “close call,” but ultimately agreed with the district court’s finding that the expert testimony was admissible. The Daubert issue was on appeal as part of a complex case that involved a claim made… Continue reading Close Call on Daubert Question
Month: January 2016
Despite “As Is” Clause, Homebuyer Wins Misrepresentation Appeal Against Bank
Joe Forward | State Bar of Wisconsin | December 28, 2015 A bank is liable for a misrepresentation that induced a homebuyer to buy a foreclosure home with undisclosed water and mold damage, even though the sale contract said the buyer was purchasing the home “as is,” a state appeals court has ruled. In 2012, Bank… Continue reading Despite “As Is” Clause, Homebuyer Wins Misrepresentation Appeal Against Bank
10 Factors to Consider when Adjusting Flood Claims
Patricia L. Harman | Property Casualty 360° | January 6, 2016 As the Midwest begins to dry out from massive flooding, insurance adjusters and contractors from across the country will be working to get covered insureds back to some semblance of normalcy. For those who have flood insurance, the claims process is just beginning, and they… Continue reading 10 Factors to Consider when Adjusting Flood Claims
Contract Cannot Eliminate Right to Vacate or Modify Arbitration Award
Mark V. Hanrahan | Autry, Hanrahan, Hall & Cook, LLP | January 8, 2016 We have a guest post today from Atlanta lawyer Mark V. Hanrahan of the firm Autry, Hanrahan, Hall & Cook, LLP. In his article, he discusses the recent Georgia case of Atlanta Flooring Design Centers, Inc. v. R. G. Williams Construction, Inc.,… Continue reading Contract Cannot Eliminate Right to Vacate or Modify Arbitration Award
Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not
Tred R. Eyerly | Insurance Law Hawaii | December 23, 2015 The court found that the contractor was entitled to relief under the contractual indemnity provision, but not the policy’s additional insured clause. Chatelain v. Fluor Daniel Constr. Co., 2015 La. App. LEXIS 2257 (Ct. App. La. Nov. 10, 2015). Following Hurricanes Katrina and Rita, FEMA… Continue reading Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not