In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these...more
Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to...more
Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more
1/21/2020
/ Amended Complaints ,
Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Economic Loss Doctrine ,
Negligence ,
Property Damage ,
Subrogation ,
Toxic Mold ,
VA Supreme Court
The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more
7/11/2019
/ Abuse of Discretion ,
Breach of Contract ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
Motion for Sanctions ,
Negligence ,
Spoliation ,
Subrogation ,
Vacated
Often times, properly analyzing when a statute of limitations begins to run – not just how long it runs – is crucial to timely pleading. In Dep’t of Transp. v. Seattle Tunnel Partners, 2019 Wash.App. LEXIS 281 (Was. Ct. App....more
In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried...more
In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the...more
7/11/2018
/ Attorney's Fees ,
Breach of Contract ,
Construction Defects ,
General Contractors ,
ID Supreme Court ,
Negligence ,
NORA ,
Notice Requirements ,
Site Remediation ,
Subcontractors ,
Subrogation ,
Vacated
In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more