Mark Plumer | Policyholder Pulse In my December 18, 2017, blog post, I wrote about “choosing the right path” to settle complex insurance claims and emphasized the benefits of private structured negotiation, a type of negotiation undertaken without the assistance of mediators. At that time, I identified mediation as “a good potential next step.” Since 2017, the world… Continue reading The Benefits of Mediating Complex Insurance Claims in a Post-Pandemic World
Month: December 2021
Nevada Supreme Court Clarifies Retroactive Nature of 10-Year Statute of Repose for Construction and Design Defects
Brian K. Walters | Gordon Rees Scully Mansukhani Does a legislative extension of a statute of repose for construction and design defect claims allow a claim to proceed even if the repose period in effect when the claim was filed barred that claim? On October 28, 2021, the Nevada Supreme Court answered this question in… Continue reading Nevada Supreme Court Clarifies Retroactive Nature of 10-Year Statute of Repose for Construction and Design Defects
Miller Act Suit Stayed until CDA Remedies Exhausted
Aron Beezley, Amandeep Kahlon and Douglas Patin | Buildsmart A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements on federal projects and sets forth remedies against the bond for subcontractors, vendors,… Continue reading Miller Act Suit Stayed until CDA Remedies Exhausted
Mediation 101 – “Help me Help You” Musings of a Mediator and an Attorney
Kent B. Scott, Esq. and Cody W. Wilson, Esq. | Babcock Scott and Babcock Introduction. A construction dispute that began after a cave-in of a large resort roof caused $5,000,000 in damages eventually resulted in a lawsuit naming fifteen parties. The case was in litigation for six years and generated $900,000 in legal fees, due… Continue reading Mediation 101 – “Help me Help You” Musings of a Mediator and an Attorney
What is the Status of Discovery of an Expert Witness Relationship?
Theodore Babbitt | Searcy Denney Scarola Barnhart & Shipley In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer discoverable. That Court did not, answer the question of whether the same… Continue reading What is the Status of Discovery of an Expert Witness Relationship?