Walter G. Latimer | Wilson Elser | December 8, 2015 The Florida Supreme Court recently issued a significant decision that will affect all strict product liability/design defect cases litigated in Florida. In Aubin v. Union Carbide, decided October 29, 2015, the Court rejected the risk-utility test in favor of the consumer-expectation test. The consumer-expectation test examines… Continue reading Florida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims
The New FRCP: 3 Must Read Changes
Annie Dike, Esq. | Bullseye | December 22, 2015 Although the Supreme Court will say they’re simply more “proportional,” it seems they were trying to find a new phrase that would lead to less abuse of the relevancy standard. This, however, is only one of the significant changes recently doled out in the December 1,… Continue reading The New FRCP: 3 Must Read Changes
Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction
Dennis C. Cavanaugh, Linda L. Morkan and Todd R. Regan | Robinson Cole | December 2015 The Connecticut Supreme Court recently issued an important decision confirming the rights of design professionals, construction managers, and contractors to assert claims under contracts with the state. The decision also reinforces the binding nature of arbitration awards concerning such… Continue reading Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction
Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period are Actionable under California’s Lemon Law Statute
Laura C. Williams and R. Bryan Martin | Haight Brown & Bonesteel | December 14, 2015 In Daniel v. Ford Motor Company (filed 12/02/15), the Ninth Circuit resolved a federal and state court split on the issue of whether consumers can sustain a breach of implied warranty claim under California’s Song Beverly Consumer Warranty Act… Continue reading Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period are Actionable under California’s Lemon Law Statute
Limitations of Liability – The Elephant in the Room
Gregory Faulkner | Robinson Cole | October 14, 2015 This is the first post in the four-part series “Limitations of liability—The Elephant in the Room.” One or more of the following scenarios takes place in my office virtually every day: Scenario One: Owner client sends me an industry form construction contract and asks me to take a… Continue reading Limitations of Liability – The Elephant in the Room