Arezoo Jamshidi | Haight Brown & Bonesteel The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously unsettled question: can a co-defendant oppose another defendant’s motion for summary judgment when the plaintiff does not oppose it… Continue reading California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions – Even Without Cross-Claims
Tag: Summary Judgment
Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment
Susan Eccles and Katelin Varnado | Adams & Reese Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in Louisiana. The Court’s ruling in Gregory Chank v. Starr Indemnity & Liability Insurance Company, et. al. underscores a plaintiff’s obligation… Continue reading Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment
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
Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insurer’s motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd’s Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024). … Continue reading Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
Insured’s Count for Bad Faith Stripped from Claim
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for partial summary judgment challenging the insured’s bad faith claim was successful. Baker v. Allstate Index. Co., 2024 U,.S. Dist. LEXIS 227802 (N.D. Miss. Dec. 17, 2024). Teresa Baker alleged that the roof of her rental property sustained wind and rain damage during… Continue reading Insured’s Count for Bad Faith Stripped from Claim