Matthew Marshall and Rashi Mishra | Clark Hill In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets forth the standards and procedures for obtaining summary adjudication of claims without trial), MSJs frequently determine case… Continue reading California’s Fourth Appellate District Provides Much-Needed Clarity for Summary Judgment Motions
Category: Construction Law
With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
Gerard M. Donovan | Reed Smith A few weeks ago, Washington’s governor signed its right to repair bill into law. Texas’s right to repair bill has passed its house and senate and was sent to its governor on Monday. This continues a trend of states advancing, and several enacting, laws directed to the common goal of enabling a so-called… Continue reading With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions – Even Without Cross-Claims
Arezoo Jamshidi | Haight Brown & Bonesteel The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously unsettled question: can a co-defendant oppose another defendant’s motion for summary judgment when the plaintiff does not oppose it… Continue reading California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions – Even Without Cross-Claims
The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services
John Mark Goodman | BuildSmart Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much everything else. While each state is different, all states generally have two types of… Continue reading The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services
Big News for “Smaller” Construction Cases
Christopher G. Hill | Construction Law Musings As a Virginia construction attorney and solo practitioner, I represent many clients that have construction claims that cover the spectrum from $20,000 (and possibly less) to somewhere in the millions. Back in 2011, the Virginia General Assembly updated the General District Court (the court “not of record” that takes less time… Continue reading Big News for “Smaller” Construction Cases