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Daubert Attacks Go Beyond Experts to the Supporting Data

In an interesting twist to what’s becoming the standard Daubert challenge, the party opposing the financial expert in this case not only attacked the reliability of his opinions but also moved to exclude the mortgage pricing data on which he based his calculations, claiming that the provider should...

California courts lack jurisdiction to review arbitrator's prehearing order

Leases and contracts are the primary relationship between landlords and tenants. When a tenant causes contamination, the remedies provided for in the lease often are utilized in addition to tort remedies (e.g., nuisance) and statutory remedies (e.g., RCRA citizen's suit) to address the issue. It...

Leonard Goldberger of Stevens and Lee on Bankruptcy in Chinese Drywall Litigation

Leonard Goldberger of Stevens & Lee spoke at HB Litigation Conferences' May 18 program on Chinese drywall litigation, specifically on "brewing bankruptcy concerns" in the cases. More information about HB recordings and upcoming events on the subject can be found at LitigationConferences...

Mortgage Meltdown Litigation Pays Hundreds Of Millions To Injured Plaintiffs

The economy seems to be heading at last into recovery territory, and the mortgage crisis that began in 2007 is starting to seem like old news. But the effects of the lax underwriting standards and other questionable loan practices that spawned the crisis continue to play out in courts across the country...

Mandatory Mediation Program for Superstorm Sandy Claims Instituted In New Jersey

The New Jersey Department of Banking & Insurance just issued a significant new Hurricane Sandy-related order that will affect nearly all insurers doing business in the State of New Jersey. It requires insurers to participate in a mediation program at the request of the insureds. In a new bulletin...

Working Without a Safety Net: Can Subcontractors and Suppliers Still Sue an Owner for Quantum Meruit and Unjust Enrichment in Virginia

By Robert E. Travers, IV Subcontractors and suppliers provide labor, equipment or materials on construction projects without direct contractual relationships with the project owner, the ultimate beneficiary of that work, equipment and materials. In the event of payment disputes, those subcontractors...

Don’t Change The Risk By Adding New Construction Without Additional Insurance

In Seneca Insurance Company, Inc., Plaintiff-Appellant-Respondent v. Cimran Co., Inc., et al., Defendants-Respondents-Appellants. , No. 9226 (N.Y.App.Div. 04/09/2013), [ enhanced version available to lexis.com subscribers ], the parties brought an appeal that provided the New York Appellate Division...

Reminder: Construction Litigation is Expensive, Be Sure It’s Worth It

I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings . I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit . However a recent post from my fellow “blawger”...

Mediating is Eye Opening

As anyone that reads this construction law blog on any sort of regular basis knows, I am a big advocate for mediation in most cases (construction or otherwise). I took this truly to heart about four years ago when I decided to go through the training and mentorship to become a certified mediator here...