Bryce L. Friedman and Karen Cestari | Simpson Thacher & Bartlett Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity statute,… Continue reading First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Month: July 2023
Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Jennifer Mathis and Carrie E. Paulsen | Troutman Pepper A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is expected to make it more difficult… Continue reading Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes
Peter Caillard | HKA Subject Matter specialists appointed as expert witnesses in dispute hearings are frequently called upon to provide opinion on whether the performance of one of the parties failed to meet the required “standard of care” as defined under the contractual agreements. This may be a critical step towards identifying fault and determining… Continue reading The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes
Contract, Breach of Contract, and Material Breach of Contract
Wendy Rosenstein | Ahlers Cressman & Sleight At its most basic level, a contract is an agreement to make a trade. Parties to a contract agree to perform a specific action on the condition that the other side also performs a specific action. For instance, you and a Girl Scout could create a contract in… Continue reading Contract, Breach of Contract, and Material Breach of Contract
Slaying The Beasts: Current Best Strategies For The Biggest Challenges In Construction
Wendy D. Testa and Hannah Rice | Wilson Elser Moskowitz Edelman & Dicker CURRENT STATE OF CONSTRUCTION LITIGATION Competition in the marketplace may create incentives for contractors to submit unrealistic bids to secure business. An issue arises when a contractor has bid too low for a project and is awarded the contract. The contractor is… Continue reading Slaying The Beasts: Current Best Strategies For The Biggest Challenges In Construction