Rebekah Byers Kcehowski, Sharyl A. Reisman and Darren K. Cottriel | Jones Day | January 15, 2016 In Brief The history and proceedings of the Third Circuit’s recent decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, No. 15-1275, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016), are a precautionary tale suggesting that companies… Continue reading Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability
Month: January 2016
Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire
Joseph D. Jean, Alexander d. Hardiman and matthew F. Putorti | Pillsbury Winthrop Shaw Pittman LLP | January 19, 2016 Just before fireworks exploded across the sky to usher in 2016, a massive fire engulfed the Address Downtown Hotel in Dubai. At nearly 1,000 feet tall, this five-star hotel and luxury apartment building —with about… Continue reading Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire
To Be or Not to Be in Arbitration? That is the Question
Tony Byler and Daniel E. Fierstein | Construction Law Signal | January 14, 2016 Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: The parties can select arbitrators with construction expertise who speak their language and are more likely… Continue reading To Be or Not to Be in Arbitration? That is the Question
Indemnity, Duty to Defend, and Timing
Stan Martin | Commonsense Construction Law LLC | January 20, 2016 The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court decision shows, however, a duty to defend is different than an indemnity. And a party who seeks… Continue reading Indemnity, Duty to Defend, and Timing
Tips on Pursuing and Defending Complaints Against Contractors
Rick Erickson | Snell & Wilmer | January 18, 2016 The often staggering cost of litigation has prompted an equally staggering amount of regulatory complaints against contractors in recent years. Why? Because filing a complaint against a contractor may not cost a complainant anything but time. And any litigation expenses are mostly borne by the contractor/respondent, who… Continue reading Tips on Pursuing and Defending Complaints Against Contractors