Pretrial Motion Practice in Federal Court

Ian Dankelman | Property Insurance Coverage Law Blog | August 9, 2019 This blog post will describe the difference between pre-trial case dispositive motions and motions that impact the admissibility of evidence at trial. I recounted in a previous post that (1) motions to dismiss and (2) motions for summary judgment are case dispositive motions.… Continue reading Pretrial Motion Practice in Federal Court

Beginning Construction Continuity Safe Harbor Extended for National Security Concerns; Proposed Legislation Would Go Further

Jeffrey G. Davis, Isaac L. Maron and Stephanie Wood | Mayer Brown | August 2, 2019 The US Internal Revenue Service (IRS) released Notice 2019-43 (the “Notice”) on July 12, 2019, which provides that the period in which wind facility and energy property that have begun construction must be placed in service to be within the so-called… Continue reading Beginning Construction Continuity Safe Harbor Extended for National Security Concerns; Proposed Legislation Would Go Further

The Problem with Weak Payment Bond Defenses

Stanley A. Martin | Commonsense Construction Law | July 26, 2019 A payment bond surety whose principal may be insolvent is caught in a difficult spot. But a Connecticut court decision dealt a major blow to a surety who tried to rely on a series of special defenses, none of which stood up to the… Continue reading The Problem with Weak Payment Bond Defenses

7 Reasons Why the Legal Profession Often gets no Sympathy

Marcel Strigberger | ABA Journal | July 25, 2019 The legal profession is a noble one. But is that the impression the public has of lawyers? What images generally come to mind? Let’s start with Noah’s Ark. A biblical theme park called Ark Encounter in Williamstown, Kentucky, is suing its insurers for insufficient coverage of… Continue reading 7 Reasons Why the Legal Profession Often gets no Sympathy

Some Thoughts on Appealing an Adverse Ruling from a Magistrate Judge

Ian Dankelman | Property Insurance Coverage Law Blog | July 7, 2019 Adverse rulings are always possible in federal litigation. This post explores how insureds can respond to adverse rulings issued by federal magistrate judges during pretrial litigation. Congressional statute assigns magistrate judges broad authority to issue pretrial orders and opinions. In first-party property cases,… Continue reading Some Thoughts on Appealing an Adverse Ruling from a Magistrate Judge