Yaron Shaham | Kahana Feld In order for a plaintiff to prove a defendant is negligent, the plaintiff must prove the defendant (1) owed a duty to plaintiff, (2) breached that duty, (3) the breach was the actual and proximate cause of plaintiff’s injury, and (4) the resulting monetary damage. However, for both plaintiffs and… Continue reading Understanding California’s Pure Comparitive Negligence Law
Category: Construction Law
Construction Litigation Roundup: “We Will Get You Paid!”
Daniel Lund III | Phelps Dunbar The Louisiana legislature enacted several years ago a mandamus statute geared at promoting payment to contractors engaged in public works projects in the state. Louisiana Revised Statute 38:2191 provides for mandamus – a summary procedure – for an aggrieved contractor to pursue payment plus attorney’s fees and interest when… Continue reading Construction Litigation Roundup: “We Will Get You Paid!”
Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind
Barry Howard | Miles Mediation & Arbitration Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims and defenses in play. Add the likelihood of multiple parties, and you’re looking at expensive case, whether you’re representing… Continue reading Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind
Preparing Witnesses for Today’s Remote Depositions
Esquire Deposition Solutions Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over barely understood matters, with a court reporter taking down every word, it’s easy for even the most… Continue reading Preparing Witnesses for Today’s Remote Depositions
Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner
Anna Basnaw | Ahlers Cressman & Sleight In Cyrus Way Partners, LLC. (“Cyrus”) v. Cadman, Inc. (“Cadman”), the primary issue on appeal was whether the trial court erred in denying Cadman’s motion to vacate the default judgment under Civil Rules 55 and 60. A default judgment is a legal ruling that can be entered in favor of… Continue reading Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner