Richard Maleski | Cozen O’Connor It will come as no surprise to subrogation professionals that retaining evidence for future inspection is essential to successfully prosecuting a subrogation claim. A new opinion out of the U.S. District Court for the Western District of Virginia demonstrates just how essential evidence retention is. In Nautilus Insurance Co. v. Appalachian… Continue reading The Ultimate Sanction: Dismissal as a Spoliation Remedy
Tag: Summary Judgment
Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order
Garret Murai | California Construction Law Blog Cases sometimes take unanticipated twists and turns. Atlas Construction Supply, Inc. v. Swinerton Builders, Case No. D076426 (January 26,2021), involving a tragic construction accident, a motion for summary judgment, a motion for good faith settlement, and a stipulated dismissal, is one of those cases. The Accident Swinerton Builders was the… Continue reading Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order
Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order
Garret Murai | California Construction Law Blog Cases sometimes take unanticipated twists and turns. Atlas Construction Supply, Inc. v. Swinerton Builders, Case No. D076426 (January 26,2021), involving a tragic construction accident, a motion for summary judgment, a motion for good faith settlement, and a stipulated dismissal, is one of those cases. The Accident Swinerton Builders was the… Continue reading Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order
Injury to Employees Endorsement Eliminates Coverage for Insured Employer
Tred R. Eyerly | Insurance Law Hawaii The court granted summary judgment to the insurer based upon an endorsement which barred coverage for injuries to employees. Northfield Ins. Co. v. Z&J Mgt. LLC, 2020 N.Y. Misc. LEXIS 10801 (N.Y. Sup. Ct. Dec. 18, 2020). Ravi Sooklal sued his employer, Z&J Management LLC (Z&J),… Continue reading Injury to Employees Endorsement Eliminates Coverage for Insured Employer
Florida Adopts Less Stringent Summary Judgment Standard
John A. Rine and Sarah Hock | Lewis Brisbois On New Year’s Eve, Florida’s Supreme Court issued an amendment to essentially apply the federal summary judgment standard to cases in Florida state courts starting on May 1, 2021. See In Re: Amendments to Florida Rule of Civil Procedure 1.510, No. SC20 1490 (Fla. Dec. 31, 2020) (per curiam).… Continue reading Florida Adopts Less Stringent Summary Judgment Standard