Lynda Bennett, Alexander Corson and Eric Jesse | Lowenstein Sandler Policyholders purchase liability insurance expecting that, when they are sued, their defense will be paid for by their insurer. Because the key value of liability insurance is that it is really “litigation insurance,” courts repeatedly recognize that an insurer’s duty to defend includes an obligation… Continue reading ‘What’s in a Name[d Defendant]?’: Federal Court Suggests Narrow Exception to Insurer’s Broad Duty to Provide a Complete Defense
Month: October 2023
Daubert Challenges Based on an Expert’s Lack of Qualifications
Eric M. Kraus and Joshua Glasgow | Phillips Lytle Trial courts continue to exclude expert witnesses based upon a lack of qualifications Thirty years ago, the U.S. Supreme Court decided the landmark case Daubert v. Merrell Dow Pharmaceuticals, Inc.1 Since then, trial judges engaged in the gatekeeping function for the admissibility of expert testimony have put litigants… Continue reading Daubert Challenges Based on an Expert’s Lack of Qualifications
Construction Contract Basics: Attorney Fee Provisions
Christopher G. Hill | Construction Law Musings I have discussed the need for attorney fee provisions in your construction contracts in prior posts here at Construction Law Musings, but thought it merited a restatement of the reasons for the inclusion of such fee provisions (and changing of such provisions when presented) here with the second of my construction contract… Continue reading Construction Contract Basics: Attorney Fee Provisions
Integrating Independent Forensic Analyses in International Construction Arbitrations
John Ciccerelli | JS Held Introduction This article discusses the various independent analyses that experts perform and how these analyses should be integrated when involved in a construction dispute that has progressed to international arbitration. While experts are not advocates and do not provide legal advice, early involvement of independent experts can help form case… Continue reading Integrating Independent Forensic Analyses in International Construction Arbitrations
Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals