Justin Croniser | Hahn Loeser & Parks Under Ohio’s Prompt Pay Act, a general contractor could end up paying more for the subcontractor’s attorneys’ fees than the general contractor owed to the subcontractor. That was the ruling by the Ohio appellate court in Atlas Piers NEO v. Summit Construction Co., Inc., 2021-Ohio-2024 (9th Dist.). In Atlas Piers,… Continue reading Promptly Pay the Subcontractor or Pay the Consequences
Category: Construction Law
Construction Litigation Roundup: “Who Needs Them”
Daniel Lund III | Phelps Dunbar Who needs them? So argued a surety pursuing recovery under its general agreement of indemnity when the indemnitors urged a Louisiana federal court to dismiss the surety’s complaint for failure to join various allegedly required parties as defendants in the litigation. As part of its court action, the surety… Continue reading Construction Litigation Roundup: “Who Needs Them”
Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make The Average Person Shake Her Head In Disbelief”
Anna S. McLean | Sheppard Mullin Richter & Hampton The Ninth Circuit recently struck a blow against plaintiffs’ attorneys’ ability to recover handsome attorney’s fee awards in class action settlements when there is little actual benefit to the class. In Lowery v Rhapsody International, Inc., No. 22-15162 (9th Cir. June 7, 2023), a Ninth Circuit panel reversed… Continue reading Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make The Average Person Shake Her Head In Disbelief”
5 Things to Consider Before you Begin Facilitation
Matthew J. Boettcher | Don’t Bet the Business The start of a lawsuit often brings with it a sense of dreadful anticipation. There is an energy, a commitment and hopefully a goal. Also present is apprehension of both the known and unknown of what is to come. Those who have experienced litigation know of the… Continue reading 5 Things to Consider Before you Begin Facilitation
The 4 Reasons to Conduct a Deposition
Esquire Depostion Solutions No other pretrial discovery process rivals the deposition for its ability to alter the course of civil litigation. Depositions alone bring litigators face-to-face with key witnesses, experts, and the parties themselves in a trial-like setting where the deponent can be heard from directly, largely without the assistance of counsel. Through depositions, litigators… Continue reading The 4 Reasons to Conduct a Deposition