Timothy L. Pierce and Heather L. Frisch | K&L Gates | May 23, 2018 The California Supreme Court issued an opinion on May 14, 2018 in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co. that resolves a split in authority regarding whether Civil Code Section 8814 excuses prompt payment of retention by an owner… Continue reading California Supreme Court Provides Clarity to California’s Prompt Payment Exception
Tag: Advise & Consult
Foiling the Expert Battle in First-Party Property Cases
Eric K. Bowers and Victoria L. Vish | Zelle LLP | May 11, 2018 Every litigator knows the term “battle of the experts.” This is commonly heard in first-party property cases. Usually the term suggests uncertainty, i.e. that the jury will hear both sides’ experts and simply pick one. But winning the war in these cases… Continue reading Foiling the Expert Battle in First-Party Property Cases
In a Matter of First Impression, the Supreme Court Reverses Trial Court: No “Evident Miscalculation” in Arbitration Award
Katherine Kohm, Esq. | The Dispute Resolver | May 24, 2018 The Supreme Court of Mississippi in D. W. Caldwell, Inc. v. W.G. Yates & Sons Constr. Co., No. 2017-CA-00116-SCT, — So.3d.– (Miss. May 10, 2018) reversed and remanded a trial court’s modification of an arbitration award for “evident miscalculation.” The Supreme Court held that “evident miscalculation… Continue reading In a Matter of First Impression, the Supreme Court Reverses Trial Court: No “Evident Miscalculation” in Arbitration Award
5 Key Takeaways from a Defense Verdict in a 15-Year MLB Stadium Case
John Bergin | Kilpatrick Townsend | May 24, 2018 Kilpatrick Townsend recently won a long and hard-fought battle resulting from the construction of a MLB stadium and wanted to share some practice pointers for how to prevail in a lengthy, nasty, and highly-complex construction dispute resulting from a high-profile project such as a stadium for… Continue reading 5 Key Takeaways from a Defense Verdict in a 15-Year MLB Stadium Case
Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration
Sumit K. Arora | International Law Office | May 28, 2018 Proving waiver of a party’s contractual right to arbitrate has often been a laborious obligation of the party bearing such burden. Because the law strongly favors arbitration, the burden to prove the defense “is a high one.” Perry Homes v. Cull, 258 S.W.3d 580, 590… Continue reading Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration