Robert G. Devine, Victor J. Zarrilli and Kimberly M. Collins | White and Williams While courts across the country are largely unavailable to litigants demanding a jury trial, pre-judgment interest rules present an increasing penalty risk to a defendant wanting its day in court and may not always make a plaintiff whole. The COVID-19 pandemic… Continue reading Remote Trials Can Control Prejudgment Risk
Month: September 2020
Is There a Downside to Virtual Trials?
Alaina Lancaster | Law.com What’s Wrong With Virtual Jury Trials? Jurors in some of the country’s first online trials faced tech issues and waning attention spans. But Cooley’s Litigation Chair Michael Attanasio says there are more problems with a virtual jury trial to be skeptical about. Attanasio said one of the constitutional issues that remote jury trials could raise is that… Continue reading Is There a Downside to Virtual Trials?
Coverage for Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer had no duty to defend claims against the insured for faulty workmanship. HT Services, LLC v. Western Heritage Ins. Co., 2020 U.S. Dist. LEXIS 123664 (D. Colo. July 10, 2020). Western Heritage Insurance Company issued three concurrent general liability… Continue reading Coverage for Faulty Workmanship Denied
Increased Material Costs Leave Contractors Asking about Contract Protections
Jodie Clark McDougal | Davis Brown Law Firm We are hearing about a budget pinch from many homebuilder and general contractor clients tied to the substantial increases in the cost of lumber and other materials; HBA Iowa reports about an 80% increase in lumber costs since mid-April. As the cost of materials for build projects soars, builders… Continue reading Increased Material Costs Leave Contractors Asking about Contract Protections
Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes
Danielle S. Ward | Balestreri Potocki & Holmes The Court of Appeal closed out 2019 by ruling that an additional insured can be bound to the arbitration clause in a policy when a coverage dispute arises between that additional insured and the carrier. (Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (2019) 44 Cal. App. 5th… Continue reading Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes