The Top Ten Most Common Frustrations Of Mediation

Kevin K. Fitzharris | BarrettMcNagny For most litigants, mediation has become their day in court. It’s a big deal! This article explores the top ten most common frustrations associated with mediation and tips on how to avoid them. 1. “We are not scheduling mediation until x happens!” At times, a plaintiff may be hesitant to… Continue reading The Top Ten Most Common Frustrations Of Mediation

Protecting Owners With Robust Indemnification Clauses

Melissa Billig, Kenneth Block, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt Lately, it seems as though the most contentious legal issue in construction contracting revolves around indemnification clauses and the interrelated waiver of consequential damages. Owners customarily seek full defense and indemnification from contractors for all claims of third… Continue reading Protecting Owners With Robust Indemnification Clauses

How to Write an Effective Notice of Deposition

Esquire Deposition Solutions It all starts with a notice. In modern civil litigation, the notice of deposition is the principal means for litigators to ensure that the objectives of deposing a witness are met in a timely, cost-effective, and lawful manner. That’s because a well-drafted notice of deposition gives all counsel of record the information… Continue reading How to Write an Effective Notice of Deposition

Nondelegable Duties

David Adelstein | Florida Construction Legal Updates Have you heard the expression “nondelegable duty”?  The issue of a nondelegable duty comes into play when a party hires an independent contractor and the independent contractor commits negligence, primarily in the personal injury context. In other words, a plaintiff wants to hold a defendant liable for the injuries caused by… Continue reading Nondelegable Duties

Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied

Tred R. Eyerly | Insurance Law Hawaii     The court found that the insurer failed to meet its burden on summary judgment seeking a judgment that faulty workmanship precluded coverge. Auto-Owners Ins., Co. v. AAA Discount Homes, LLC, 2024 U.S. Dist. LEXIS 48463 (S.D. Ga. March 19, 2024).     Heather Way sued AAA Discount… Continue reading Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied

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