John Bergin | Kilpatrick Townsend | May 24, 2018 Kilpatrick Townsend recently won a long and hard-fought battle resulting from the construction of a MLB stadium and wanted to share some practice pointers for how to prevail in a lengthy, nasty, and highly-complex construction dispute resulting from a high-profile project such as a stadium for… Continue reading 5 Key Takeaways from a Defense Verdict in a 15-Year MLB Stadium Case
Month: May 2018
Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration
Sumit K. Arora | International Law Office | May 28, 2018 Proving waiver of a party’s contractual right to arbitrate has often been a laborious obligation of the party bearing such burden. Because the law strongly favors arbitration, the burden to prove the defense “is a high one.” Perry Homes v. Cull, 258 S.W.3d 580, 590… Continue reading Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration
How To Lose the Right To Arbitrate In One Easy (Mis)Step
Jonathan Bank and Matthew Murphy | Locke Lord LLP | May 25, 2018 The recent decision of Nielsen Contracting, Inc. v. Applied Underwriters, Inc., 232 Cal.Rptr.3d 282 (Cal. App. 4 Dist. 2018) provides a cautionary tale of the failure to comply with insurance regulatory filing requirements of collateral agreements to insurance policies. Nielsen Contracting, Inc. and… Continue reading How To Lose the Right To Arbitrate In One Easy (Mis)Step
What is a Collapse? Crumbling Concrete Case is Catalyst for Coverage Query Certified to State Supreme Court
Verne Pedro | Property Insurance Coverage Law Blog | May 29, 2018 Recognizing the public policy implications of an unsettled, recurring coverage issue involving crumbling concrete foundations in thousands of Connecticut homes, U.S. District Court Judge Stefan Underhill recently certified the following insurance coverage question to the Supreme Court of Connecticut: What constitutes a “substantial… Continue reading What is a Collapse? Crumbling Concrete Case is Catalyst for Coverage Query Certified to State Supreme Court
An Expert Is Only as Good as His Actual Experience
Nora Valenza-Frost | PropertyCasualtyFocus | May 25, 2018 Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. Without such training or experience, a purported expert’s affidavit may not be sufficient… Continue reading An Expert Is Only as Good as His Actual Experience