James Lastowka and Arthur G. Sapper – March 7, 2013 On February 27, 2013, the Supreme Court of the United States in Gabelli v. SEC unanimously disapproved of the so-called discovery rule for postponing the running of a statute of limitations when a federal government agency seeks a civil penalty. The Court held that the… Continue reading Supreme Court Knocks Out Last Prop Of OSHA Rule On Statute Of Limitations
If you were going to remodel, what room is first on your list?
A Great VA Supreme Court Opinion on Mechanic’s Liens
Christopher G. Hill – March 12, 2013 Recently, a great case came out of the Virginia Supreme Court that gives great insight into the way that the Virginia court system will analyze the timing, value and priority of liens. That case is Glasser & Glasser v Jack Bays, Inc et al. This case gets a… Continue reading A Great VA Supreme Court Opinion on Mechanic’s Liens
Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA
Eugene J. Heady – March 4, 2013 Bob, the Project Executive, had made up his mind. “I’m rolling the dice and taking the electrical subcontractor’s claim to trial!” Bob exclaimed. “We all know that contractors are gamblers. Right?” Bob asked. “I’m going to take my chances. It’s in my DNA,” Bob added. “How do you… Continue reading Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA
What Constitutes a Total Loss in Montana?
Kenneth Kan – March 5, 2013 Last week, I wrote about the standard used in determining a total loss in Washington. This week, I focus on Montana, Washington’s neighbor to the east. Montana has a “valued policy” statute similar to that of about 20 other states. The statute provides: “Whenever any policy of insurance shall… Continue reading What Constitutes a Total Loss in Montana?