Waivers of Subrogation: When a Waiver is not a Waiver

Robert M. Flannery and Douglas Glombarrese | International Law Office | October 25, 2016 Introduction Subrogation – an insurer’s right to ‘step into the shoes’ of its insured and assert the rights of the substituted party – is a fundamental principle in insurance law that allows an insurer to sue an at-fault third party after… Continue reading Waivers of Subrogation: When a Waiver is not a Waiver

Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub

Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union, and Timothy Kelley | Kegler Brown Hill + Ritter | October 27, 2016 Bonding companies often argue that payment is not yet due under a payment bond because of “pay if paid” clauses, alternative dispute resolution (“ADR”) requirements, or other provisions of subcontracts that purport to… Continue reading Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub

R.I.P. Frye

Michelle Yeary | Drug & Device Law | October 25, 2016 Remember Frye v. United States, the case from 1922 that created the “general acceptance” standard for expert testimony?  In the federal system it’s been replaced by Daubert and Federal Rules of Evidence 702 and 703.  But Frye was technically a decision under DC law… Continue reading R.I.P. Frye

What Happens in Mediation Stays in Mediation

Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina | November 1, 2016 The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims.  ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct.… Continue reading What Happens in Mediation Stays in Mediation

Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees

Randolph E. Ruff and Jonathan M. Mraunac | Ogletree Deakins | October 31, 2016 It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery of fees… Continue reading Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees

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