California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

Garrett A. Smee and Lawrence S. Zucker II | Haight Brown & Bonesteel On May 5, 2023, the California First District Court of Appeal, Division One, issued an opinion in Moses v. Roger-McKeever (A164405), holding that a condominium tenant owes no duty to a social guest using a walkway that leads to the unit. Eleanor Moses fell… Continue reading California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

ChatGPT: US lawyer admits using AI for case research

Kathryn Armstrong | BBC A New York lawyer is facing a court hearing of his own after his firm used AI tool ChatGPT for legal research. A judge said the court was faced with an “unprecedented circumstance” after a filing was found to reference example legal cases that did not exist. The lawyer who used… Continue reading ChatGPT: US lawyer admits using AI for case research

Different Types of Indemnity and Their Relative Enforceability in Construction Litigation

Elizabeth Leonard | Cranfill Sumner Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context? Indemnification is a means to shift the risk… Continue reading Different Types of Indemnity and Their Relative Enforceability in Construction Litigation

Florida’s Tort Reform and its Impact on Subrogation

Matthew Peaire | Butler Weihmuller Katz Craig HB 837 was introduced to the Florida House of Representatives on February 15, 2023.  The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis.  The bill was 39 pages long and addressed many aspects… Continue reading Florida’s Tort Reform and its Impact on Subrogation

Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.

Michael Delulis | Burns & Levinson Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe.  What many non-litigators (including in-house counsel) may not realize, however, is that decisions made before litigation counsel is… Continue reading Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.

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