Rob Adler | Kilpatrick Townsend & Stockton When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The same facts and circumstances could yield vastly different outcomes depending on the… Continue reading Planting the Seeds of Accountability for Spoliation Sanctions
Category: Construction Law
Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)
John Mark Goodman and J. David Pugh | BuildSmart It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am from, always includes certain core dishes:… Continue reading Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)
Caution: Penal Sum of Bond May Not Be the Limit
Michael Baker | Snell & Wilmer A couple of years ago, a California court rendered an opinion that a surety is liable for attorney’s fees and costs even if the amount exceeds the penal sum of the bond. (Karton v. Ari Design & Constr., Inc.). This was further confirmed in another opinion last year (Chavez Gen Constr,… Continue reading Caution: Penal Sum of Bond May Not Be the Limit
How Not to Defend a Deposition
Esquire Deposition Solutions “A review of the transcript demonstrates that Grosso’s deposition was a waste of time.” A fair reading of the facts set out in Phillips Auctioneers LLC v Grosso, 2024 NY Slip Op 33906 (N.Y. Sup. Ct., N.Y. Cty., Oct. 31, 2024), a contract dispute, suggests that both the witness and his attorney were determined… Continue reading How Not to Defend a Deposition
Utah Court of Appeals Provides Guidance on Exception to Bar Unlicensed Contractors From Suing to Collect Compensation
Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah law provides that a contractor may not seek “collection of compensation” in court for any work that requires a license if, at the time the contractor entered into the contract, the contractor was not licensed. The Utah Supreme Court has laid out four exceptions to… Continue reading Utah Court of Appeals Provides Guidance on Exception to Bar Unlicensed Contractors From Suing to Collect Compensation