Anthony S. Guardino | Farrell Fritz Typically, a court will invoke the mootness doctrine when circumstances change in a way that prevents the court from rendering a decision that effectively resolves an actual controversy. In the world of zoning and land use litigation, courts will put significant weight on how far construction has progressed towards completion… Continue reading Using Injunctive Relief To Stave Off The Mootness Doctrine
Tag: construction law
What to Do After Asserting a Deposition Objection
Esquire Deposition Solutions The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court rulings addressing the topic are any indication, this business of instructing witnesses not to answer deposition… Continue reading What to Do After Asserting a Deposition Objection
Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits
David K. Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. I have made my share of mistakes and… Continue reading Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits
Legal Doctrines: The Role of Res Judicata and Election of Remedies in a Construction Dispute
Jose A. Aquino | Duane Morris On February 13, 2025, the Appellate Division of the Supreme Court of the State of New York entered a ruling in the case of Alarcon v. Henry, highlighting the significance of adhering to the doctrines of res judicata and election of remedies. The plaintiff entered into a contract with HKH… Continue reading Legal Doctrines: The Role of Res Judicata and Election of Remedies in a Construction Dispute
Let’s Not Forget Those In-Person Deposition “Glitches”
Esquire Deposition Solutions Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to mention the cost savings and efficiencies of remote depositions (not to mention their compelling digital search, sharing and… Continue reading Let’s Not Forget Those In-Person Deposition “Glitches”