Joseph Willis | Construction Executive The best defense is a good offense, and in the case of construction, the best reaction to jobsite risk is being proactive and prepared. In the realm of construction—where every project involves a multitude of moving parts, uncertainties and potential hazards—effective risk management is the key to preventing costly project… Continue reading Mitigating Risk in Construction Site Preparation
Month: November 2024
Mediated Settlement Agreements – Be Prepared . . . In Advance
Michael Kelsheimer | Gray Reed Prepare a draft settlement agreement that suits the case before mediation. Take it with you and use it to make a full and final settlement agreement at the end of mediation. In my early mediations as a young litigator, I used the mediator’s short form to conclude a settlement at… Continue reading Mediated Settlement Agreements – Be Prepared . . . In Advance
Arbitrating The Arbitrability Of Arbitrability?
Yasmine Lahlou and Andrew Poplinger | Chaffetz Lindsey Supreme Court holds that court decides whether subsequent forum selection clause supersedes an arbitration agreement, even if the arbitration agreement delegates arbitrability questions to the arbitrators. Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (2024). The Supreme Court has long held that whether a dispute falls within the… Continue reading Arbitrating The Arbitrability Of Arbitrability?
No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Caroline F. Crosby and Jeffrey S. Knighton | Phelps Since Hurricanes Laura and Delta made landfall in 2020, Louisiana has seen a flurry of litigation over whether insurers can enforce arbitration provisions in policies issued in Louisiana. The Louisiana Supreme Court gave insurers and policyholders clarity on these issues in its latest ruling. In answering… Continue reading No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Policy Limits Vs. Property Damage: Lessons From Hurricane Ian
Jean-Paul Rudd | Adams & Adams Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property… Continue reading Policy Limits Vs. Property Damage: Lessons From Hurricane Ian