David Adelstein | Florida Construction Legal Updates | January 19, 2019 The United States Supreme Court recently decided parties to a contract can agree, under the Federal Arbitration Act, an arbitrator, rather than a court, can fully resolve the initial arbitrability question. Henry Schein, Inc. v. Archer and White Sales, Inc., 2019 WL 122164 (2019). The arbitrability question is… Continue reading Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue
Month: March 2019
Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
William DeVinney | Baker & Hostetler | March 19, 2019 Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23. The Supreme Court has repeatedly held that trial courts must… Continue reading Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
When Are Insurance Bad Faith Damage Awards Excessive?
Ruchard J. Doren and Michael Holecek | Gibson, Dunn & Crutcher | March 20, 2019 To evaluate the potential risks for insurance company clients sued for bad faith claim handling, defense counsel must understand the categories of potential damages that could be awarded and have a basis from which to assess their potential magnitude. Bad… Continue reading When Are Insurance Bad Faith Damage Awards Excessive?
How AB 3018 Affects California Design Professionals Performing Covered Work
D. Creighton Sebra | Clark Hill | March 18, 2019 In recent years, there has been a legislative push designed to make it more difficult for non-union contractors and design professionals, engineers, and land surveyors to compete for certain public works (construction) contracts. AB 3018 is another such example. This memorandum will explain the reasoning… Continue reading How AB 3018 Affects California Design Professionals Performing Covered Work
Update on Certificate of Merit Requirement: Dismissal With or Without Prejudice
Nicholas J. Nieto | Kilpatrick Townsend & Stockton | March 18, 2019 In a lawsuit “for damages arising out of the provision of professional services by licensed or registered professional,” the Texas Civil Practices and Remedies Code requires a plaintiff to file with the complaint an expert affidavit supporting each theory of recovery. Tex. Civ.… Continue reading Update on Certificate of Merit Requirement: Dismissal With or Without Prejudice