Hon. Charles Margines | JAMS Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of human nature: lying, bullying, sarcasm, betrayal, etc. Now, with the filing of the complaint,… Continue reading When Mediations Fail, It’s Not Always About the Facts
Month: May 2025
Insurer Must Defend Additional Insured
Tred R. Eyerly | Insurance Law Hawaii The federal district court found that the insurer owed a duty to defend the additional insured. Owners Ins. Co. v. Colliers Bennet & Kahnweiler, LLC, 2025 U.S. Dist. LEXIS 24893 (N.D. Ill. Feb. 11, 2025). Colliers Bennett Kahnweller, LLC (Colliers) managed property owned by North… Continue reading Insurer Must Defend Additional Insured
Contracting For Community Associations: Mechanic’s Liens
Johnathan Ebertshauser | CHBD Law When community associations engage a contractor to perform construction within the development, the contract between the association and the vendor will often reference the contractor’s right to record a lien against the association’s property. This is generally referred to as a “Mechanic’s Lien” and is governed by A.R.S. § 33-981 et seq. The Mechanic’s Lien gives… Continue reading Contracting For Community Associations: Mechanic’s Liens
Objections to the Adequacy of a Civil Remedy Notice Can Be Waived
Gabrielle Wright | Marshall Dennehey The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as an affirmative defense, for the first time, compliance with the insured’s statutory requirements of Fla. Stat. § 624.155. Prior to filing a bad faith suit, the plaintiff served… Continue reading Objections to the Adequacy of a Civil Remedy Notice Can Be Waived
General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages
Lindsay McCormick | Marshall Dennehey For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a third party to the primary dispute between an owner and a general contractor. Through the use of third-party complaints, general contractors are consistently including their implicated subcontractors within the… Continue reading General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages