Eric Travers | Kegler Brown Hill & Ritter | February 24, 2016 Ohio Supreme Court holds that the enforceability of a liquidated damages provision must be analyzed at the time of contracting, not at the end of a project. The Supreme Court of Ohio issued a decision today in Boone Coleman Constr. Inc. v. The… Continue reading Ohio Supreme Court Upholds Liquidated Damages
Finding Coverage for “ Additional Insured ” Third Circuit Cautions that “Insurer Cannot Bury its Head in the Sand”
Michael H. Sampson, Jay M. Levin, Andrew J. Muha, Douglas R. Widin and Caitlin R. Garber | Reed Smith | February 22, 2016 Executive Summary Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that… Continue reading Finding Coverage for “ Additional Insured ” Third Circuit Cautions that “Insurer Cannot Bury its Head in the Sand”
Discovery in Coverage and Bad-faith Litigation: are Courts Permitting more Invasive Discovery?
Mendes & Mount LLP | February 23, 2016 Introduction This update examines how the protections afforded to insurers by attorney-client privilege and the work product doctrine have been challenged and stretched through recent cases across the United States, particularly where bad faith of an insurer is alleged. It is in the context of bad faith… Continue reading Discovery in Coverage and Bad-faith Litigation: are Courts Permitting more Invasive Discovery?
Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case
Richard W. Foltz, Jr. and James M. Kwartnik, Jr. | Pepper Hamilton LLP | February 25, 2016 NFL Mgmt. Council v. NFL Players Ass’n, 2015 U.S. Dist. LEXIS 117662 (S.D.N.Y. Sept. 3, 2015) “Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to… Continue reading Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case
The Only Thing Clear about Nevada Mechanic’s Lien Priority Is That the Lien Claimant Will Likely Get His Day in Court
Jon. M. Ludwig | Gordon & Rees LLP | February 29, 2016 .. In other words, all the mechanic’s liens filed—even the liens of subcontractor or supplier that performed or provided the last work or materials to the project—attach to the real property on the day the first work was performed. This date is important because the liens… Continue reading The Only Thing Clear about Nevada Mechanic’s Lien Priority Is That the Lien Claimant Will Likely Get His Day in Court