Jack Rosati, Jr. | Bricker & Eckler LLP | February 12, 2016 Risk is the fertile soil upon which compromise grows. In order to most effectively mediate a construction matter, the mediator must be able to convince the parties of their risk, both with regard to the outcome at trial and with regard to the costs… Continue reading Mediation in Construction Disputes: Building Bridges
Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule
Traub Lieberman Straus & Shrewsberry LLP | February 7, 2016 In A&H Properties Partnerships v. GPM Engineering [(2015) No. 03-13-00805-CV], the Texas Court of Appeals decided whether a property owner could maintain a direct action for negligence against a project designer hired by the general contractor, with whom it had no contract. The Court of… Continue reading Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule
Attorneys Await Answers on Key Products Liability Questions
Ben Seal | The Legal Intelligencer | February 12, 2016 When Tincher v. Omega Flex landed on products liability attorneys’ desks 15 months ago, its 137 pages left them looking for more. The state Supreme Court’s fervently awaited decision raised a series of questions, the most pressing of which was when the other foot might… Continue reading Attorneys Await Answers on Key Products Liability Questions
Claim of Future Injury Not Basis For Declaratory Relief
Barry Zalma | Zalma on Insurance | February 5, 2016 When the Supreme Court of the state of Georgia decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) it opened the door to litigation against insurers who determined actual cash value losses by determining full replacement cost… Continue reading Claim of Future Injury Not Basis For Declaratory Relief
When Indemnitor Is Off the Hook For Contractual Indemnity
Jill Berkeley | Policyholder Insurance Law Blog | February 3, 2016 Contractual indemnification clauses are among the most overused and misunderstood rights that parties argue over and negotiate for. Although nothing in Illinois law prohibits parties from specifically contracting to provide for indemnity in non-construction related contracts, “[i]t is quite generally held that an indemnity… Continue reading When Indemnitor Is Off the Hook For Contractual Indemnity