Diaz Reus – December 18, 2013 The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and, likely, profitability. Moreover, it is usually a court ordered requirement prior to proceeding to trial. Mediation… Continue reading Can’t We All Just Get Along?
Developers and Homebuilders: the Ramifications of Yanni v. Tucker Plumbing, Inc.
Robert A. Henry – Snell & Wilmer – December 6, 2013 On November 20, 2013, Division Two of the Arizona Court of Appeals issued its opinion in Yanni v. Tucker Plumbing, Inc., 2013 Ariz. App. LEXIS 235. While the opinion was a victory of sorts for the real estate and construction industry generally in Arizona, the… Continue reading Developers and Homebuilders: the Ramifications of Yanni v. Tucker Plumbing, Inc.
Excluding Expert Testimony the Jury Already Heard
Robert Ambrogi – IMS Expert Services – December 31, 2013 You’ve heard the saying, “You can’t put toothpaste back in the tube.” Well, how about expert testimony the jury wasn’t supposed to hear? Does a judge’s instruction to disregard the testimony put the toothpaste back where it belonged? The 10th U.S. Circuit Court of Appeals… Continue reading Excluding Expert Testimony the Jury Already Heard
How Likable Should an Expert Witness Be?
Billy L. Akin – December 6, 2013 Credibility…..a vital ingredient of an expert witness. How about “likability”? Is this trait involved in the effectiveness of presenting testimony? Hastening to my conclusion, I think likability is crucial. Does this overall perception of another human not make a difference? When “your honor” puts on the robe and… Continue reading How Likable Should an Expert Witness Be?
Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union
Heather Anderson – December 11, 2013 In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify. See Scottsdale Ins. Co. v. National… Continue reading Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union