Carolin Pacheco | Marshall Dennehey This case arose out of the policyholder’s ongoing plumbing issues in her home. The insured property was built in the early 1960s, and the policyholder had been experiencing a number of plumbing issues as a result of an aging cast iron drain line, which eventually corroded and deteriorated, leading to… Continue reading The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered Under the Insurance Carrier’s Policy Language
Month: January 2025
Know Your Judge: Considerations For When To File A Spoliation Motion
Kathryn C. Cole | GreenbergTraurig Prior posts have discussed sanctions generally, as well as decisions analyzing the particulars of the operative rules (see November 2024 and December 2023 posts), but today’s blog discusses considerations for when, during a litigation, is the proper time to file a spoliation motion. District Judge Iain Johnston’s1 decision in Groves, Inc. v R.C. Bremer Marketing Associates, et al.… Continue reading Know Your Judge: Considerations For When To File A Spoliation Motion
Construction Notice of Completion Key to Unlocking Change Order Statutory Remedies
James Yand | Miller Nash The Washington Legislature enacted a requirement that contractors and subcontractors must get paid promptly for undisputed additional work on both public and private construction projects. The new law enacted in 2024 requires project owners on construction projects to issue a change order to the impacted contractor within 30 days after… Continue reading Construction Notice of Completion Key to Unlocking Change Order Statutory Remedies
Account for Everyone Involved in Remote Depositions
Esquire Deposition Solutions Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern practice, it most likely would not, due to the increasing prevalence of remote deposition protocols in pretrial discovery… Continue reading Account for Everyone Involved in Remote Depositions
JCT 2024 Contracts – Good Faith in Practice
Shy Jackson | Bryan Cave Leighton Paisner Summary In this Insight, Shy Jackson considers the scope and implications of the parties’ obligation to work together in good faith under the Joint Contracts Tribunal (JCT) 2024 contracts. Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the… Continue reading JCT 2024 Contracts – Good Faith in Practice