Kevin Brantley and J. Kelby Van Patten | Payne & Fears | September 27, 2019 The California Supreme Court has struck a blow to insurers’ attempts to contract out of more policyholder friendly jurisdictions, holding that the notice-prejudice rule is a fundamental public policy. Pitzer College v. Indian Harbor Insurance Co., 2019 WL 4065521. In Pitzer College,… Continue reading California Supreme Court Strikes Blow to Insurers’ Choice-of-Law Provisions
Month: October 2019
Practical Tips on Working with Former Employees Who Are Key Witnesses
R. Thomas Dunn | Pierce Atwood | September 28, 2019 Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim. Within one week of substantial completion being achieved,… Continue reading Practical Tips on Working with Former Employees Who Are Key Witnesses
Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope
Deborah Trotter | Property Insurance Coverage Law Blog | September 28, 2019 In an historic win for American consumers and workers, on September 20, 2019, the U. S. House of Representatives passed H.R. 1423, the Forced Arbitration Injustice Repeal or FAIR Act,1 by a vote of 225 to 186. This groundbreaking bill could be the beginning… Continue reading Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope
Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion
Peter Hahn | Benesch | July 19, 2019 The Ohio Supreme Court has ruled any lawsuit for defective and unsafe conditions arising from the design or construction of an improvement to real property must be brought within 10 years of substantial completion of the project—regardless of whether the lawsuit arises out of a breach of… Continue reading Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion
Ohio Supreme Court Crushes “Fannie Lewis Law” in Cleveland – Reverses Court of Appeals in Hot Debate
Tara Rose and John Swansinger | Buckingham, Doolittle & Burrooughs | September 27, 2019 Ohio local hiring laws affecting contractors are destroyed, for now. Municipalities will no longer be able to force local hiring upon contractors for various jobs. This especially impacts large cities and their citizens with the ambition to work in construction. The winners are… Continue reading Ohio Supreme Court Crushes “Fannie Lewis Law” in Cleveland – Reverses Court of Appeals in Hot Debate