David Adelstein | Florida Construction Legal Updates A note on subrogation. There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation. “‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt will have the rights and remedies of the original creditor.’” Certain Underwriters at… Continue reading Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
What to Do After Asserting a Deposition Objection
Esquire Deposition Solutions The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court rulings addressing the topic are any indication, this business of instructing witnesses not to answer deposition… Continue reading What to Do After Asserting a Deposition Objection
Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits
David K. Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. I have made my share of mistakes and… Continue reading Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits
Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete
Matthew Lewis | PropertyCasualtyFocus In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage caused by a hurricane during a construction project. However, the court found that the insured had standing to assert… Continue reading Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete
Pioneering Dispute Resolution: The New JAMS AI Rules
Leslie King O’Neal | JAMS As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system processes and algorithms. Disputes involving technology like AI involve in depth understanding and complex discovery issues. How do we… Continue reading Pioneering Dispute Resolution: The New JAMS AI Rules