Michael Vincent and Steven Lindemann | Stinson Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even the undisputed existence of an arbitration agreement does not compel dismissal of a lawsuit. In one… Continue reading U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Month: October 2024
Homeowner Survives Motion to Dismiss Depreciation Claims
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss claims for improper claims handling when considering implementation of depreciation was denied. Morrison v. Indian Harbor Ins. Co, et al., 2024 U.S. Dist. LEXIS 115664 (S. D. W. Va. July 1, 2024). Plaintiff’s home suffered flood damage. The house was… Continue reading Homeowner Survives Motion to Dismiss Depreciation Claims
Challenging a Termination for Default
David Adelstein | Florida Construction Legal Updates No contractor wants to be terminated for default. It is the harshest contractual recourse. It is a recourse that has implications, particularly in the public sector. However, a party needs to be in a position to support the basis of the termination for default, and the terminated party, in… Continue reading Challenging a Termination for Default
Artificial Intelligence Risk: Why Risk Professionals Should Consider Indemnification As A Gap-Filler
Michael S. Levine and Alex D. Pappas | Hunton Andrews Kurth As artificial intelligence (AI) continues to revolutionize the business landscape, its associated risks are becoming more complex, widespread, and consequential. While the insurance industry determines the precise circumstances in which insurance may cover these risks, businesses should consider the complementary benefits of indemnification agreements… Continue reading Artificial Intelligence Risk: Why Risk Professionals Should Consider Indemnification As A Gap-Filler
Is There A Penalty When A Contractor Does Not Finish On Time?
Karalynn Cromeens | The Cromeens Law Firm Whether or not there is a penalty for a contractor failing to finish on time depends on what the contract says about the completion date and what happens if construction is not completed by that date. Because the contracts are so very different in residential and commercial construction,… Continue reading Is There A Penalty When A Contractor Does Not Finish On Time?