Cameron Sheldon | Ahlers Cressman & Sleight The Washington State Supreme Court’s recent decision in Lake Hills Invs., LLC v. Rushforth Constr. Co. No. 99119-7, slip op. at 1 (Wash. Sept. 2, 2021) marks the first time in over 50 years that it has ruled on the Spearin doctrine. The Court’s opinion clarified the contractor’s burden when asserting a Spearin defense and affirmed the jury’s verdict in favor… Continue reading Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine
Category: Construction Law
Contractor Succeeds At the Supreme Court Against Public Owner – Obtaining Fee Award and Determination The City Acted In Bad Faith
Lindsay T. Watkins | Ahlers Cressman & Sleight A contractor won a rare but much-deserved victory at the Supreme Court on July 8, 2021 in Conway Construction Co. v. City of Puyallup, 197 Wn.2d 825, 490 P.2d 221 (2021). The case, which involved an aggressive stance by a public owner: confirmed that the public owner bears the… Continue reading Contractor Succeeds At the Supreme Court Against Public Owner – Obtaining Fee Award and Determination The City Acted In Bad Faith
In-Person and Virtual Evidentiary Hearings: Are Hybrid Hearings the Way Forward?
Ben Grunberger-Kirsh and Scott Stiegler | Vinson & Elkins As parties have adapted to the changes brought about by the pandemic, virtual evidentiary hearings have become more popular. We discuss what some say are disadvantages of virtual hearings and consider how these issues might be mitigated in practice. This article asks: what will the future… Continue reading In-Person and Virtual Evidentiary Hearings: Are Hybrid Hearings the Way Forward?
Remote Depositions in the Post-Covid-19 World
Islam m. Ahmad | Wilke Fleury Remote Depositions in the Post-COVID-19 World Despite the easing of COVID-19 restrictions in California, many of the changes imposed on the legal industry by the pandemic will likely remain in effect for the foreseeable future. One major change for litigators has been conducting depositions remotely. This change takes an… Continue reading Remote Depositions in the Post-Covid-19 World
The Reptile Theory in Practice
Nicholas P. Hurzeler | Lewis Brisbois The “Reptile Theory” is a trial strategy that attempts to use fear and anger to make the jury dislike the defendant so strongly they will award a plaintiff a grossly excessive amount of damages. The plaintiff’s attorney will seek to activate the jurors’ “survival mode” instincts by presenting the defendant’s conduct… Continue reading The Reptile Theory in Practice