Robyn Anderson, Nancy Sher Cohen and Michael Gonzales | Lathrom GPM Overview of Issues In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property constituted “direct physical loss to property” as… Continue reading California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”
Washington Court of Appeals Reaffirms General Contractors’ Duty To Maintain Safe Jobsite
Blake Robinson | Davis Wright Tremaine If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a general contractor has or retains the right to control the manner… Continue reading Washington Court of Appeals Reaffirms General Contractors’ Duty To Maintain Safe Jobsite
How Can an Owner Discharge a Mechanic’s Lien After It Expires?
Michael D. Jefferson | Davis Wright Tremaine Mechanic’s liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien claimant has eight months from the date… Continue reading How Can an Owner Discharge a Mechanic’s Lien After It Expires?
Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes
Stacy L. La Scala | JAMS When preparing for a mediation, counsel often pronounce that joint sessions are, at best, a waste of time. I disagree. My three-plus decades of experience in mediation of commercial and construction disputes have convinced me that a properly managed joint session is an important and valuable first step for an… Continue reading Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes
Expert Testimony & Summary Judgment: A Glitch In The Law
Mark I. Wallach | McCarthy Lebit Crystal Liffman Expert testimony has become a staple of trial testimony, both on substantive issues of liability and especially on damages calculations. Trial lawyers often rely on experts to explain technical issues to judges and juries, as well as to establish industry practices and standards. Ohio Rule of Evidence… Continue reading Expert Testimony & Summary Judgment: A Glitch In The Law