Duped Subcontractor Can’t Recover From Landowner Payments Owed by General Contractor Under CERCLA | Sedgwick LLP – JDSupra
Category: Dispute Resolution
Daubert: Testimony Based on Experience
Joshua Fruchter, Esq. – April 15, 2014 The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) requires trial courts to ensure that expert testimony admitted is reliable. Perhaps one of the trickier contexts in which courts must apply this standard is expert testimony based on experience. To be sure, the… Continue reading Daubert: Testimony Based on Experience
Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions
Donald A. O’Brien – April 7, 2014 JEM Contracting, Inc. v. Morrison-Maierle, Inc., 373 Mont. 391, 318 P.3d 678 (Jan. 28, 2014) Plaintiff contractor was hired by two Montana Counties (“the Counties”) to work on a road construction project. Defendant engineering company was hired by the Counties to provide engineering services and supervision on the… Continue reading Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions
Builders Beware! You Cannot Hide Behind SB 800! | Ervin Cohen & Jessup LLP – JDSupra
Geoffrey Gold – Ervin Cohen & Jessup LLP
Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?
Jeffrey W. Post – January 27, 2014 In Bruce Martin Constr., Inc. v. CTB, Inc., 735 F.3d 750 (8th Cir. 2013), the Eighth Circuit considered whether a design defect breaches an express warranty against “defects in material or workmanship.” Id. at 753. The product at issue was a system that automated the process of unloading… Continue reading Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?